Opinion
2016–08056 S.C.I. No. 1242/16
06-06-2018
The PEOPLE, etc., respondent, v. Carlos VALENTIN, appellant.
Seymour W. James, Jr., New York, N.Y. (Eve Kessler of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Danielle S. Fenn of counsel; Victoria Randall on the memorandum), for respondent.
Seymour W. James, Jr., New York, N.Y. (Eve Kessler of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Danielle S. Fenn of counsel; Victoria Randall on the memorandum), for respondent.
ALAN D. SCHEINKMAN, P.J., JOHN M. LEVENTHAL, BETSY BARROS, FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Suzanne Melendez, J.), imposed June 22, 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. Chambers , 142 A.D.3d 672, 36 N.Y.S.3d 824 ), and thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
SCHEINKMAN, P.J., LEVENTHAL, BARROS, CONNOLLY and IANNACCI, JJ., concur.