Opinion
2014-11-26
The PEOPLE, etc., respondent, v. Rolando SANTANA, appellant.
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.
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.
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 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645; People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Contreras, 112 A.D.3d 649, 975 N.Y.S.2d 904), and, thus, does not preclude review of his excessive sentence claim. 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 and HINDS–RADIX, JJ., concur.