Opinion
2014-10-15
The PEOPLE, etc., respondent, v. Lian QIU, appellant.
Lynn W.L. Fahey, New York, N.Y., for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Merri Turk Lasky of counsel; Brian Adelmann on the memorandum), for respondent.
Lynn W.L. Fahey, New York, N.Y., for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Merri Turk Lasky of counsel; Brian Adelmann on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from three sentences of the Supreme Court, Queens County (Chin–Brandt, J., at plea; Melendez, J., at sentence), all imposed October 9, 2012, upon his pleas of guilty, on the ground that the sentences were excessive.
ORDERED that the sentences are 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. Contreras, 112 A.D.3d 649, 975 N.Y.S.2d 904; People v. Torres, 109 A.D.3d 669, 970 N.Y.S.2d 884) and, thus, does not preclude review of his excessive sentence claims. However, the sentences imposed were not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675). ENG, P.J., BALKIN, DICKERSON, CHAMBERS and HINDS–RADIX, JJ., concur.