People v. Elliott

Appeal by the defendant, as limited by his motion, from an amended sentence of the Supreme Court, Kings County (D’Emic, J.), dated July 29, 2011, revoking a sentence of probation previously imposed by the same court, upon a finding that he violated a condition thereof, after a hearing, and imposing a term of imprisonment upon his previous conviction of criminal contempt in the first degree, on the ground that the amended sentence is excessive.

The defendant’s purported waiver of the right to appeal was invalid (see People v Lopez, 6 NY3d 248 , 257 [2006]; People v Floyd, 112 AD3d 963 [2d Dept 2013]), and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant’s contention, the amended sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Mastro, J.E, Hall, Austin and Sgroi, JJ., concur.