Opinion
2016–03390 Ind. No. 5176/13
05-23-2018
The PEOPLE, etc., respondent, v. Josue DESIR, appellant.
Paul Skip Laisure, New York, N.Y. (Sean H. Murray of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel; Masha Simonova on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Sean H. Murray of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel; Masha Simonova on the memorandum), for respondent.
ALAN D. SCHEINKMAN, P.J., WILLIAM F. MASTRO, SHERI S. ROMAN, HECTOR D. LASALLE, LINDA CHRISTOPHER, JJ.
DECISION & ORDERAppeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Matthew J. D'Emic, J.), imposed February 24, 2016, upon his plea of guilty, on the ground that the period of postrelease supervision imposed was excessive.
ORDERED that the sentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v. Bradshaw , 18 N.Y.3d 257, 267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Brown , 122 A.D.3d 133, 137, 992 N.Y.S.2d 297 ; People v. Johnson , 109 A.D.3d 1004, 971 N.Y.S.2d 469 ) and, thus, does not preclude review of this excessive sentence claim. However, the period of postrelease supervision imposed as part of the sentence was not excessive (see People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
SCHEINKMAN, P.J., MASTRO, ROMAN, LASALLE and CHRISTOPHER, JJ., concur.