Opinion
2014-01431
09-28-2016
The People of the State of New York, respondent, v. Freddie Pagan, appellant.
Lynn W. L. Fahey, New York, NY, for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan Dennehy of counsel; Gregory Musso on the memorandum), for respondent.
LEONARD B. AUSTIN SHERI S. ROMAN JOSEPH J. MALTESE COLLEEN D. DUFFY, JJ. (Ind. No. 5507/10)
Lynn W. L. Fahey, New York, NY, for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan Dennehy of counsel; Gregory Musso 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 January 16, 2014, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's waiver of his right to appeal was invalid and, thus, does not preclude review of his excessive sentence claim (see People v Bradshaw, 18 NY3d 257, 267; People v DeSimone, 80 NY2d 273, 283; People v McBride, 106 AD3d 1110, 1110). However, the sentence imposed was not excessive (People v Suitte, 90 AD2d 80).
ENG, P.J., AUSTIN, ROMAN, MALTESE and DUFFY, JJ., concur. ENTER:
Aprilanne Agostino
Clerk of the Court