Opinion
2016–02483 2016–02484 Ind. Nos. 2455–14 971–15
04-18-2018
The PEOPLE, etc., respondent, v. Wesley M. KEENE, appellant.
Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.
Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.
REINALDO E. RIVERA, J.P., SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.
DECISION & ORDERAppeals by the defendant from two judgments of the County Court, Suffolk County (John B. Collins, J.), both rendered August 4, 2015, convicting him of criminal sale of a controlled substance in the third degree under Indictment No. 2455–14, and robbery in the third degree under Indictment No. 971–15, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are affirmed.The defendant's purported waiver of his right to appeal was invalid (see People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Weber, 153 A.D.3d 946, 61 N.Y.S.3d 262 ; People v. Flores, 139 A.D.3d 753, 29 N.Y.S.3d 190 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ) and, thus, does not preclude review of his claims that the sentences imposed should be reduced. However, the sentences imposed were not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ), and we decline to reduce them in the exercise of our interest of justice jurisdiction.
RIVERA, J.P., ROMAN, HINDS–RADIX and CHRISTOPHER, JJ., concur.