Opinion
2012-00780 2012-00783 2012-00784
11-15-2017
Seymour W. James, Jr., New York, NY (Eve Kessler of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Camille O'Hara Gillespie of counsel; Aleena R. Peerzada on the memorandum), for respondent.
REINALDO E. RIVERA LEONARD B. AUSTIN JEFFREY A. COHEN BETSY BARROS, JJ. (Ind. Nos. 9270/09, 982/11, 984/11)
Seymour W. James, Jr., New York, NY (Eve Kessler of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Camille O'Hara Gillespie of counsel; Aleena R. Peerzada on the memorandum), for respondent.
DECISION & ORDER
Appeals by the defendant, as limited by his motion, from three sentences of the Supreme Court, Kings County (Mondo, J.), all imposed January 9, 2012, upon his pleas of guilty, on the ground that the sentences were excessive.
ORDERED that the sentences are affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 264-265; People v Lopez, 6 NY3d 248, 256; People v Taylor, 130 AD3d 949; People v Brown, 122 AD3d 133, 138-141), and, thus, does not preclude review of his excessive sentence claims. However, the sentences imposed were not excessive (see People v Suitte, 90 AD2d 80).
ENG, P.J., RIVERA, AUSTIN, COHEN and BARROS, JJ., concur. ENTER:
Aprilanne Agostino
Clerk of the Court