People v. Rosa-Cruz

159 A.D.3d 837

69 N.Y.S.3d 840 (Mem)

The PEOPLE, etc., respondent,

v.Alberto ROSA–CRUZ, appellant.

2016–08275

(Ind.No.1302/16)

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

March 14, 2018

Paul Skip Laisure, New York, N.Y. (Sean H. Murray of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and William H. Branigan of counsel; Deanna Russo on the memorandum), for respondent.

ALAN D. SCHEINKMAN, P.J., WILLIAM F. MASTRO, SHERI S. ROMAN, HECTOR D. LASALLE, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Barry Kron, J.), imposed July 19, 2016, 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 the right to appeal was invalid (see People v. Bradshaw , 18 N.Y.3d 257, 267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Brown, 122 A.D.3d 133, 137, 992 N.Y.S.2d 297 ) 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 ).

SCHEINKMAN, P.J., MASTRO, ROMAN, LASALLE and CHRISTOPHER, JJ., concur.