Majority
p. 669The People of the State of New York, Respondent, v Manuel Torres, Appellant. [970 NYS2d 884]
— Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Chin-Brandt, J.), imposed October 4, 2012, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
As the Feople correctly concede, the defendant’s purported waiver of the right to appeal was invalid (see People v Bradshaw, 18 NY3d 257 , 265 [2011]; People v DeSimone, 80 NY2d 273 , 283
p. 670
[1992]) and, thus, does not preclude review of his excessive sentence claims. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, EJ., Dillon, Chambers and Austin, JJ., concur.
Cases cited
- People v. Bradshaw 18 NY3d 257 at 265 p. 669
- People v. Callahan 80 NY2d 273 at 283 p. 669
- People v. Suitte 90 AD2d 80 p. 670