Majority
p. 732The People of the State of New York, Respondent, v Desmond Porter, Appellant. [57 NYS3d 897]
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Gubbay, J.), imposed June 9, 2015, upon his plea of guilty, 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 Bovian, 148 AD3d 924 [2017]; People v Gonzalez, 142 AD3d 717 [2016]; People v Chambers, 142 AD3d 672 [2016]) 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., Chambers, Roman, Cohen and Hinds-Radix, JJ., concur.
Cases cited
- People v. Suitte 90 AD2d 80 p. 732