Majority
p. 977The People of the State of New York, Respondent, v Justin Rojas, Appellant. [962 NYS2d 915]
—Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Suffolk County (R. Doyle, J.), imposed March 3, 2011, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
The defendant’s purported waiver of the right to appeal was invalid (see People v Bradshaw, 18 NY3d 257 , 265 [2011]; People v Lopez, 6 NY3d 248 , 256-257 [2006]), and thus does not preclude review of his excessive sentence claim.
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
Eng, P.J., Mastro, Dickerson, Lott and Miller, JJ., concur.
Cases cited
- People v. Bradshaw 18 NY3d 257 at 265 p. 977
- People v. Lopez 6 NY3d 248 at 256-257 p. 977
- People v. Suitte 90 AD2d 80 p. 977