Majority
p. 908The People of the State of New York, Respondent, v Juan A., Appellant. [38 NYS3d 922]
Appeal by the defendant, as limited by his motion, from an amended sentence of the Supreme Court, Queens County (Wong, J.), imposed October 13, 2015, on the ground that the amended sentence was excessive.
Ordered that the amended sentence is affirmed.
The defendant’s purported waiver of the right to appeal was invalid (see People v Bradshaw, 18 NY3d 257 , 265 [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 amended sentence was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
Eng, P.J., Dillon, Sgroi, Miller and Brathwaite Nelson, JJ., concur.
Cases cited
- People v. Bradshaw 18 NY3d 257 at 265 p. 908
- People v. Lopez 6 NY3d 248 at 257 p. 908
- People v. Brown 122 AD3d 133 p. 908
- People v. Suitte 90 AD2d 80 p. 908