Opinion
2016-06657, Ind. No. 6365/15.
11-15-2017
The PEOPLE, etc., Respondent, v. Martin THOMPSON, Appellant.
Seymour W. James, Jr., New York, NY (Ellen Dille of Counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of Counsel; Masha Simonova on the memorandum), for respondent.
Seymour W. James, Jr., New York, NY (Ellen Dille of Counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of Counsel; Masha Simonova on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed May 24, 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 his right to appeal was invalid (see People v. Rennick, 123 A.D.3d 1146, 997 N.Y.S.2d 637 ; People v. Coleman, 116 A.D.3d 708, 982 N.Y.S.2d 784 ) and, thus, does not preclude review of his excessive sentence claim (see People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). Nevertheless, contrary to the defendant's contention, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ). ENG, P.J., DILLON, MILLER, HINDS–RADIX and IANNACCI, JJ., concur.