People v. Devaney

2017 NY Slip Op 182, 146 A.D.3d 803, 43 N.Y.S.3d 920

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 11, 2017
• Docket: 2015-00282
• Status: Published

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (D’Emic, J.), imposed October 27, 2014, 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 Bradshaw, 18 NY3d 257, 267 [2011]; People v Lopez, 6 NY3d 248, 257 [2006]; People v DeSimone, 80 NY2d 273, 283 [1992]) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, P.J., Chambers, Austin, Roman and Duffy, JJ., concur.