Opinion
09-13-2017
The PEOPLE, etc., respondent, v. Michael MILLAZZO, appellant.
Lynn W.L. Fahey, New York, NY, for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Danielle S. Fenn of counsel; Lorrie A. Zinno on the brief), for respondent.
Lynn W.L. Fahey, New York, NY, for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Danielle S. Fenn of counsel; Lorrie A. Zinno on the brief), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Queens County (Lewis, J., at plea; Chin–Brandt, J., at resentence), imposed May 20, 2015, upon remittitur from this Court for resentencing (see People v. Millazzo, 127 A.D.3d 1237, 8 N.Y.S.3d 363 ), upon his convictions of attempted criminal possession of a weapon in the second degree, criminal possession of a weapon in the fourth degree (two counts), and unlawful possession of pistol ammunition, upon his plea of guilty.
ORDERED that the resentence is affirmed.The defendant's purported waiver of his right to appeal was invalid (see People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Callahan, 80 N.Y.2d 273, 283, 590 N.Y.S.2d 46, 604 N.E.2d 108 ; People v. Black, 144 A.D.3d 935, 935–936, 41 N.Y.S.3d 126 ; People v. Pacheco, 138 A.D.3d 1035, 1036, 28 N.Y.S.3d 627 ; People v. Jackson, 114 A.D.3d 807, 808, 979 N.Y.S.2d 704 ; People v. Pelaez, 100 A.D.3d 803, 803, 954 N.Y.S.2d 554 ) and, thus, does not preclude review of the defendant's claim that the resentence was excessive. However, contrary to the defendant's contention, the resentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
MASTRO, J.P., BALKIN, SGROI and DUFFY, JJ., concur.