Majority
p. 875The People of the State of New York, Respondent, v Leonardo Mair, Appellant. [989 NYS2d 390]
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Chin-Brandt, J.), imposed February 2, 2012, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
The defendant’s waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257 , 265 [2011]) 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, EJ, Balkin, Dickerson, Lott and Miller, JJ., concur.
Cases cited
- People v. Bradshaw 18 NY3d 257 at 265 p. 875
- People v. Suitte 90 AD2d 80 p. 875