Opinion
06-07-2017
The PEOPLE, etc., respondent, v. Joseph MURPHY, appellant.
Lynn W.L. Fahey, New York, NY, for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, William H. Branigan, and Amy E. Markel of counsel), for respondent.
Lynn W.L. Fahey, New York, NY, for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, William H. Branigan, and Amy E. Markel of counsel), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Mullings, J.), imposed July 29, 2013, 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. Ellis, 146 A.D.3d 806, 43 N.Y.S.3d 910 ; People v. Bruzzo, 136 A.D.3d 1050, 25 N.Y.S.3d 611 ; People v. Quezada, 122 A.D.3d 948, 997 N.Y.S.2d 475 ; People v. Angelis, 94 A.D.3d 902, 941 N.Y.S.2d 862 ) 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., DILLON, SGROI, MALTESE and BARROS, JJ., concur.