Majority
p. 757The People of the State of New York, Respondent, v Jonathan Rosas, Appellant. [11 NYS3d 872]
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Chun, J.), imposed March 18, 2013, 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 (People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Rivera, Hall, Hinds-Radix and Barros, JJ., concur.
Cases cited
- People v. Bradshaw 18 NY3d 257 at 265 p. 757
- People v. Suitte 90 AD2d 80 p. 757