People v. DeBose

128 A.D.3d 1085, 8 N.Y.S.3d 605

Opinion

Appeal by the defendant from a resentence of the Supreme Court, Kings County (DiMango, J.), imposed January 5, 2012, on the ground that the resentence was excessive.

Ordered that the resentence is affirmed.

The defendant’s purported waiver of his right to appeal was invalid (see People v Lopez, 6 NY3d 248, 256-257 [2006]; People v Brown, 122 AD3d 133, 137-138 [2014]) and, thus, does not preclude review of his claim that the resentence was excessive. However, the resentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Skelos, Leventhal, Roman and Duffy, JJ., concur.