Majority
p. 876The People of the State of New York, Respondent, v Derrick Holloway, Appellant. [979 NYS2d 532]
The defendant’s purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257 , 265 [2011]; People
p. 877
v DeSimone, 80 NY2d 273 , 283 [1992]) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant’s contention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Skelos, Roman, Cohen and Hinds-Radix, JJ., concur.
Cases cited
- People v. Bradshaw 18 NY3d 257 at 265 p. 876
- People v. Callahan 80 NY2d 273 at 283 p. 877
- People v. Suitte 90 AD2d 80 p. 877