Opinion
2013-03-27
The PEOPLE, etc., respondent, v. Shamel SMITH, 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; Jonathan V. Brewer 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; Jonathan V. Brewer on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a resentence of the Supreme Court, Queens County (Chin Brandt, J.), imposed January 14, 2011, on the ground that the resentence was excessive.
ORDERED that the resentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid ( see People v. Bradshaw, 18 N.Y.3d 257, 265, 938 N.Y.S.2d 254, 961 N.E.2d 645;People v. Hernandez, 96 A.D.3d 783, 945 N.Y.S.2d 419) and, thus, does not preclude review of his excessive sentence claim. However, the resentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).