Opinion
09-13-2017
The PEOPLE, etc., respondent, v. Carlos ROMERO, appellant.
Lynn W.L. Fahey, New York, NY (Michael Arthus of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Merri Turk Lasky of counsel; Deanna Russo on the memorandum), for respondent.
Lynn W.L. Fahey, New York, NY (Michael Arthus of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Merri Turk Lasky of counsel; Deanna Russo on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Kron, J.), imposed November 10, 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. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Medina, 138 A.D.3d 1148, 28 N.Y.S.3d 893 ; People v. Sulsona, 134 A.D.3d 861, 19 N.Y.S.3d 909 ) 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., BALKIN, ROMAN, HINDS–RADIX and BRATHWAITE NELSON, JJ., concur.