Opinion
04-01-2015
The PEOPLE, etc., respondent, v. Timothy MINNERLY, appellant.
Lynn W.L. Fahey, New York, N.Y., for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Joyce Adolfsen of counsel; Ferdinand Suba, Jr., on the memorandum), for respondent.
Lynn W.L. Fahey, New York, N.Y., for appellant.Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Joyce Adolfsen of counsel; Ferdinand Suba, Jr., on the memorandum), for respondent.
Opinion
Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Kings County (Ferdinand, J.), both imposed October 24, 2012, on the ground that the sentences were excessive.
ORDERED that the sentences are affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v. Maracle, 19 N.Y.3d 925, 950 N.Y.S.2d 498, 973 N.E.2d 1272 ; People v. Bradshaw, 18 N.Y.3d 257, 265, 938 N.Y.S.2d 254, 961 N.E.2d 645 ) and, thus, does not preclude review of his excessive sentence claims. However, contrary to the defendant's contention, the sentences imposed were not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
ENG, P.J., MASTRO, HALL, MILLER and LaSALLE, JJ., concur.