Majority
p. 960The People of the State of New York, Respondent, v Daniel Sabino, Appellant. [961 NYS2d 783]
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed July 2, 2010, 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 invalid (see People v Elmer, 19 NY3d 501 [2012]; People v Bradshaw, 18 NY3d 257 [2011]; People v Lopez, 6 NY3d 248 [2006]), 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 [1982]). Eng, P.J., Mastro, Dillon, Lott and Miller, JJ., concur.
Cases cited
- People v. Elmer 19 NY3d 501 p. 960
- People v. Bradshaw 18 NY3d 257 p. 960
- People v. Lopez 6 NY3d 248 p. 960
- People v. Suitte 90 AD2d 80 p. 960