Majority
p. 730The People of the State of New York, Respondent, v Bienvenido Custodio, Appellant. [35 NYS3d 657]
— Appeal by the defendant from a sentence of the Supreme Court, Queens County (Kron, J.), imposed November 13, 2013, 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]; People v Sulsona, 134 AD3d 861 , 861 [2015]) 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, P.J., Leventhal, Cohen, LaSalle and Barros, JJ., concur.
Cases cited
- People v. Bradshaw 18 NY3d 257 at 265 p. 730
- People v. Callahan 80 NY2d 273 at 283 p. 730
- People v. Sulsona 134 AD3d 861 at 861 p. 730
- People v. Suitte 90 AD2d 80 p. 730