Opinion
08-03-2016
The PEOPLE, etc., respondent, v. Guy MENDEZ, appellant.
Lynn W.L. Fahey, New York, NY, for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove and Catherine Dagonese of counsel; Christopher Harvey on the memorandum), for respondent.
Lynn W.L. Fahey, New York, NY, for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove and Catherine Dagonese of counsel; Christopher Harvey on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Walsh, J.), imposed May 8, 2012, upon his plea of guilty, on the ground that the sentence was excessive. ORDERED that the sentence is affirmed.
Under the circumstances of this case, the defendant's purported waiver of his right to appeal was invalid (see People v. Hobson, 131 A.D.3d 546, 546, 14 N.Y.S.3d 710 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
ENG, P.J., CHAMBERS, AUSTIN, ROMAN and LaSALLE, JJ., concur.