Opinion
2013-11-6
Lynn W.L. Fahey, New York, N.Y., for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y., for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel), for respondent.
Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Kings County (Mondo, J.), both imposed February 22, 2012, upon his pleas of guilty, on the ground that the sentences were excessive.
ORDERED that the sentences are affirmed.
The defendant's purported waivers of his right to appeal were invalid ( see People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145;People v. Collins, 104 A.D.3d 785, 785, 960 N.Y.S.2d 328;People v. Norfort, 101 A.D.3d 756, 954 N.Y.S.2d 499) and, thus, do not preclude review of his excessive sentence claims. However, the sentences imposed were not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).