Majority
p. 1103The People of the State of New York, Respondent, v Jorge Caraballo, Appellant. [5 NYS3d 887]
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Holder, J.), imposed May 30,
p. 1104
2013, upon his plea of guilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
The defendant’s purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257 , 265 [2011 ]; People 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., Dillon, Leventhal, Cohen and Maltese, JJ., concur.
Cases cited
- People v. Bradshaw 18 NY3d 257 at 265 p. 1104
- People v. Callahan 80 NY2d 273 at 283 p. 1104
- People v. Suitte 90 AD2d 80 p. 1104