People v Jones

2013 NY Slip Op 03852 [106 AD3d 1106]

May 29, 2013

Appellate Division, Second Department

As corrected through Wednesday, June 26, 2013

The People of the State of New York,Respondent, v Anthony Jones, 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 SupremeCourt, Richmond County (Rienzi, J.), imposed August 23, 2010, on the ground that thesentence was excessive.

Ordered that the sentence is affirmed.

The defendant's purported waiver of the right to appeal was invalid (see People v Bradshaw, 18NY3d 257, 265 [2011]; People v Lopez, 6 NY3d 248, 256-257 [2006]; People v Sommerville, 104AD3d 880 [2013]; People vMcHugh, 101 AD3d 754 [2012], lv denied 20 NY3d 1101 [2013]; People v Badru, 98 AD3d1132 [2012]), and thus does not preclude review of his excessive sentence claim.However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d80 [1982]). Eng, P.J., Rivera, Leventhal and Sgroi, JJ., concur.