Opinion
2014-08914
05-17-2017
The People of the State of New York, respondent, v. Edelmiro Hernandez Mejia, appellant.
Lynn W. L. Fahey, New York, NY (Samuel Brown of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Thomas M. Ross of counsel; Grace Lubin on the memorandum), for respondent.
L. PRISCILLA HALL JEFFREY A. COHEN HECTOR D. LASALLE FRANCESCA E. CONNOLLY, JJ. (Ind. No. 4871/13)
Lynn W. L. Fahey, New York, NY (Samuel Brown of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Thomas M. Ross of counsel; Grace Lubin on the memorandum), for respondent.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Sullivan, J.), imposed August 26, 2014, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v Lopez, 6 NY3d 248, 256; People v Brown, 122 AD3d 133) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
ENG, P.J., HALL, COHEN, LASALLE and CONNOLLY, JJ., concur. ENTER:
Aprilanne Agostino
Clerk of the Court