People v. Medina

138 A.D.3d 1148

28 N.Y.S.3d 893 (Mem)

The PEOPLE, etc., respondent,

v.Eduardo MEDINA, appellant.

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

April 27, 2016.

Lynn W.L. Fahey, New York, N.Y. (Barry Stending of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Merri Turk Lasky of counsel; Jacob Wells on the brief), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Kron, J.), imposed July 18, 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. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Sulsona, 134 A.D.3d 861, 19 N.Y.S.3d 909 ) and, thus, does not preclude review of his excessive sentence claim. However, 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.