Opinion
12-28-2016
The PEOPLE, etc., respondent, v. Andre ONEAL, appellant.
Lynn W.L. Fahey, New York, NY (Laura B. Tatelman of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Lori Glachman of counsel; Gregory Musso on the memorandum), for respondent.
Lynn W.L. Fahey, New York, NY (Laura B. Tatelman of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Lori Glachman of counsel; Gregory Musso on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed October 29, 2015, 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. Bradshaw, 18 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Bynum, 142 A.D.3d 1183, 37 N.Y.S.3d 904 ; 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, DICKERSON, MALTESE and BARROS, JJ., concur.