Majority
p. 958The People of the State of New York, Respondent, v John E. Konoski, Appellant. [961 NYS2d 781]
Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (R. Doyle, J.), imposed June 15, 2011, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
The defendant’s purported waiver of his right to appeal was ineffective (see People v Grant, 83 AD3d 862 , 862-863 [2011]; People v Bradshaw, 76 AD3d 566 , 569 [2010], affd 18 NY3d 257 , 264 [2011]; see also People v Callahan, 80 NY2d 273 , 283 [1992]). However, contrary to the defendant’s contention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Mastro, J.P., Skelos, Leventhal, Austin and Cohen, JJ., concur.
Cases cited
- People v. Bradshaw 18 NY3d 257 at 264 p. 958
- People v. Callahan 80 NY2d 273 at 283 p. 958
- People v. Suitte 90 AD2d 80 p. 958