People v Harper

2013 NY Slip Op 00764 [103 AD3d 665]

February 6, 2013

Appellate Division, Second Department

As corrected through Wednesday, March 27, 2013

The People of the State of New York,Respondent, v Mark Harper, Appellant.

—[*1]Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), forappellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano andUshir Pandit of counsel; Carla Martinez on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Queens County (Gerald, J.), imposed July 26, 2011, on the ground that thesentence was excessive.

Ordered that the sentence is affirmed.

As the defendant correctly contends, he did not validly waive his right to appeal (see People v Bradshaw, 18NY3d 257 [2011]; People vLopez, 6 NY3d 248, 256 [2006]). However, the sentence imposed was notexcessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Dillon, Chambersand Austin, JJ., concur.