Opinion
2013-03112 2013-03113 2013-03114
11-26-2014
The People of the State of New York, respondent, v. Rolando Santana, appellant. (Ind. Nos. 73/13, 74/13, 75/13)
Seymour W. James, Jr., New York, N.Y. (Adrienne M. Gantt of counsel; Jeff Kinkle on the memorandum), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and William Branigan of counsel; Gina Chiappetta on the memorandum), for respondent.
RUTH C. BALKIN
THOMAS A. DICKERSON
SYLVIA O. HINDS-RADIX, JJ.
Seymour W. James, Jr., New York, N.Y. (Adrienne M. Gantt of counsel; Jeff Kinkle on the memorandum), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and William Branigan of counsel; Gina Chiappetta on the memorandum), for respondent.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from three sentences of the Supreme Court, Queens County (Chin-Brandt, J.), all imposed March 6, 2013, 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 NY3d 257; People v Lopez, 6 NY3d 248; People v Contreras, 112 AD3d 649), and, thus, does not preclude review of his excessive sentence claim. However, the sentences imposed were not excessive (see People v Suitte, 90 AD2d 80).
ENG, P.J., BALKIN, DICKERSON and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court