Majority
p. 1368The People of the State of New York, Respondent, v Samuel Torres, Appellant. [59 NYS3d 904]
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (W. Miller, J.), imposed September 22, 2015, upon his plea of guilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
p. 1369
The defendant’s purported waiver of his right to appeal was invalid (see People v Lopez, 6 NY3d 248 , 256 [2006]) 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, Cohen, Miller and LaSalle, JJ., concur.
Cases cited
- People v. Lopez 6 NY3d 248 at 256 p. 1369
- People v. Suitte 90 AD2d 80 p. 1369