People v. Bushuyeva

130 A.D.3d 840, 12 N.Y.S.3d 552

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: July 15, 2015
• Docket: 2012-09658
• Status: Published

Opinion

Appeals by the defendant, as limited by her motion, from three sentences of the Supreme Court, Queens County (Chin Brandt, J.), all imposed June 25, 2012, on the ground that the sentences were excessive.

Ordered that the sentences are affirmed.

The defendant’s purported waiver of her right to appeal was invalid (see People v Bradshaw, 18 NY3d 257 [2011]; People v Lopez, 6 NY3d 248 [2006]; People v Santana, 122 AD3d 949 [2014]; People v Contreras, 112 AD3d 649 [2013]) and, thus, does not preclude review of her excessive sentence claim. However, the sentences imposed were not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Rivera, Hall, Hinds-Radix and Barros, JJ., concur.