Opinion
01-18-2017
Lynn W.L. Fahey, New York, N.Y. (Larry Stendig of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas Ross of counsel; Marielle Burnett on the memorandum), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Larry Stendig of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas Ross of counsel; Marielle Burnett on the memorandum), for respondent.
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 N.Y.3d 257, 265, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Rennick, 123 A.D.3d 1146, 997 N.Y.S.2d 637 ; People v. Reyes, 121 A.D.3d 820, 993 N.Y.S.2d 379 ; People v. Coleman, 116 A.D.3d 708, 982 N.Y.S.2d 784 ) 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., HALL, COHEN, LaSALLE and CONNOLLY, JJ., concur.