Majority
p. 898The People of the State of New York, Respondent, v Donsha Carter, Appellant. [65 NYS3d 760]
—Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Kron, J.), imposed March 30, 2016, 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 the right to appeal was invalid (see People v Bradshaw, 18 NY3d 257 , 264 [2011]; People v Santeramo, 153 AD3d 1286 , 1286-1287 [2017]) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant’s contention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
Eng, P.J., Balkin, Hall, Duffy and Brathwaite Nelson, JJ., concur.
Cases cited
- People v. Bradshaw 18 NY3d 257 at 264 p. 898
- People v. Santeramo 153 AD3d 1286 at 1286-1287 p. 898
- People v. Suitte 90 AD2d 80 p. 898