Majority
p. 815The People of the State of New York, Respondent, v Gerard C. Maley, Appellant. [43 NYS3d 908]
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Melendez, J.), imposed October 9, 2012, 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 Lopez, 6 NY3d 248 , 256 [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., Hall, LaSalle, Connolly and Brathwaite Nelson, JJ., concur.
Cases cited
- People v. Lopez 6 NY3d 248 at 256 p. 815
- People v. Brown 122 AD3d 133 p. 815
- People v. Suitte 90 AD2d 80 p. 815