| People v Johnson |
| 2013 NY Slip Op 06019 [109 AD3d 1004] |
| September 25, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Atiba Johnson, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J.Dennehy of counsel; Robert Ho on the memorandum), for respondent.
Appeals by the defendant, as limited by his motion, from two sentences of theSupreme Court, Kings County (Garnett, J.), both imposed on October 14, 2010, upon hispleas of guilty, on the ground that the sentences were excessive.
Ordered that the sentences are affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v Bradshaw, 18NY3d 257, 267 [2011]; People v Lopez, 6 NY3d 248, 257 [2006]) and, thus, doesnot preclude review of his excessive sentence claims. However, contrary to thedefendant's contentions, the sentences imposed were not excessive (see People vSuitte, 90 AD2d 80 [1982]). Eng, P.J., Rivera, Leventhal and Sgroi, JJ., concur.