People v. Chestnut

142 A.D.3d 559

36 N.Y.S.3d 396 (Mem)

2016 N.Y. Slip Op. 05762

The PEOPLE, etc., respondent,

v.Joseph CHESTNUT, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Aug. 10, 2016.

Lynn W.L. Fahey, New York, NY, for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Jeanette Lifschitz of counsel; Lorrie A. Zinno on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Kron, J.), imposed March 10, 2015, 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. Worrell, 138 A.D.3d 1154, 1155, 30 N.Y.S.3d 318 ; People v. Medina, 138 A.D.3d 1148, 28 N.Y.S.3d 893 ), 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 A.D.2d 80, 455 N.Y.S.2d 675 ).

ENG, P.J., RIVERA, DICKERSON, HINDS–RADIX and MALTESE, JJ., concur.