People v Badru
2012 NY Slip Op 06304 [98 AD3d 1132]
September 26, 2012
Appellate Division, Second Department
As corrected through Wednesday, October 24, 2012


The People of the State of New York,Respondent,
v
Kazeem Badru, Appellant.

[*1]Lynn W. L. Fahey, New York, N.Y., for appellant.

Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart ofcounsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court,Richmond County (Rienzi, J.), imposed April 28, 2011, upon his plea of guilty, on the groundthat 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 NY3d257, 265 [2011]; People v DeSimone, 80 NY2d 273, 283 [1992]), and thus does notpreclude review of his excessive sentence claim. However, the sentence imposed was notexcessive (see People v Suitte, 90 AD2d 80 [1982]). Mastro, A.P.J., Angiolillo,Dickerson and Hall, JJ., concur.


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