People v. McQueen

2017 NY Slip Op 5464, 152 A.D.3d 547, 54 N.Y.S.3d 873

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: July 5, 2017
• Docket: 2014-10912
• Status: Published

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Donnelly, J.), imposed June 2, 2014, 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 Bradshaw, 18 NY3d 257, 264 [2011]; People v Black, 144 AD3d 935 [2016]; People v Brown, 122 AD3d 133, 138-141 [2014]), and thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant’s contention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, P.J., Hall, Austin, Duffy and Connolly, JJ., concur.