Majority
p. 928The People of the State of New York, Respondent, v Martin F. Garcia, Appellant. [48 NYS3d 609]
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Chin-Brandt, J.), imposed November 9, 2011, 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 (see People v Bradshaw, 18 NY3d 257 , 265 [2011]; People v Rennick, 123 AD3d 1146 [2014]; People v Reyes, 121 AD3d 820
p. 929
[2014]; People v Coleman, 116 AD3d 708 [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, Cohen, LaSalle and Connolly, JJ., concur.
Cases cited
- People v. Bradshaw 18 NY3d 257 at 265 p. 928
- People v. Suitte 90 AD2d 80 p. 929