Majority
p. 717The People of the State of New York, Respondent, v David Gonzalez, Appellant. [36 NYS3d 920]
— Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Gubbay, J.), imposed September 17, 2014, upon his plea of guilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
p. 718
The defendant’s purported waiver of the right to appeal was invalid (see People v Bradshaw, 18 NY3d 257 , 267 [2011]; People v Lopez, 6 NY3d 248 , 257 [2006]; People v Brown, 122 AD3d 133 [2014]) 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., Rivera, Dickerson, Hinds-Radix and Maltese, JJ., concur.
Cases cited
- People v. Bradshaw 18 NY3d 257 at 267 p. 718
- People v. Lopez 6 NY3d 248 at 257 p. 718
- People v. Brown 122 AD3d 133 p. 718
- People v. Suitte 90 AD2d 80 p. 718