Opinion
2014-09783
01-18-2017
Lynn W. L. Fahey, New York, NY (Larry Stendig of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Thomas Ross of counsel; Marielle Burnett on the memorandum), for respondent.
L. PRISCILLA HALL JEFFREY A. COHEN HECTOR D. LASALLE FRANCESCA E. CONNOLLY, JJ. (Ind. No. 6175/13)
Lynn W. L. Fahey, New York, NY (Larry Stendig of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Thomas Ross of counsel; Marielle Burnett on the memorandum), for respondent.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Chun, J.), imposed February 14, 2013, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 265; People v Rennick, 123 AD3d 1146; People v Reyes, 121 AD3d 820; People v Coleman, 116 AD3d 708) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
ENG, P.J., HALL, COHEN, LASALLE and CONNOLLY, JJ., concur. ENTER:
Aprilanne Agostino
Clerk of the Court