Majority
p. 1186The People of the State of New York, Respondent, v Freddie Pagan, Appellant. [37 NYS3d 898]
Appeal by the de-
fendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (D’Emic, J.), imposed January 16, 2014, upon his plea of guilty, 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 and, thus, does not preclude review of his excessive sentence claim (see People v Bradshaw, 18 NY3d 257 , 267 [2011]; People v DeSimone, 80 NY2d 273 , 283 [1992]; People v McBride, 106 AD3d 1110 , 1110 [2013]). However, the sentence imposed was not excessive (People v Suitte, 90 AD2d 80 [1982]).
Eng, P.J., Austin, Roman, Maltese and Duffy, JJ., concur.
Cases cited
- People v. Bradshaw 18 NY3d 257 at 267 p. 1186
- People v. Callahan 80 NY2d 273 at 283 p. 1186
- People v. Suitte 90 AD2d 80 p. 1186