Opinion
2015-12008
09-27-2017
The People of the State of New York, respondent, v. James Ortiz, appellant.
Lynn W. L. Fahey, New York, NY, for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Amy Appelbaum of counsel; Ruby D. Andrade on the memorandum), for respondent.
JOHN M. LEVENTHAL LEONARD B. AUSTIN COLLEEN D. DUFFY BETSY BARROS, JJ. (Ind. No. 4783/12)
Lynn W. L. Fahey, New York, NY, for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Amy Appelbaum of counsel; Ruby D. Andrade on the memorandum), for respondent.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (D'Emic, J.), imposed November 18, 2015, upon his plea of guilty, on the ground that the sentence imposed 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 NY3d 257; People v Brown, 122 AD3d 133), and, thus, does not preclude appellate review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
ENG, P.J., LEVENTHAL, AUSTIN, DUFFY and BARROS, JJ., concur. ENTER:
Aprilanne Agostino
Clerk of the Court