Opinion
09-28-2016
The PEOPLE, etc., 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.
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.
Opinion
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 N.Y.3d 257, 267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. DeSimone, 80 N.Y.2d 273, 283, 590 N.Y.S.2d 46, 604 N.E.2d 108 ; People v. McBride, 106 A.D.3d 1110, 1110, 965 N.Y.S.2d 729 ). However, the sentence imposed was not excessive (People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
ENG, P.J., AUSTIN, ROMAN, MALTESE and DUFFY, JJ., concur.