People v Floyd

2013 NY Slip Op 08655 [112 AD3d 963]

December 26, 2013

Appellate Division, Second Department

As corrected through Wednesday, January 29, 2014

The People of the State of New York,Respondent, v Allen Floyd, 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 February 25, 2011, upon his plea ofguilty, 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 Lopez, 6 NY3d248, 257 [2006]; People vJones, 106 AD3d 1106 [2013]; People v Sommerville, 104 AD3d 880 [2013]; People v McHugh, 101 AD3d754 [2012]; People vBadru, 98 AD3d 1132 [2012]; cf. People v Tyrell, 22 NY3d —, 2013 NY Slip Op 08288 [2013]) and, thus, does not preclude reviewof his excessive sentence claim. However, contrary to the defendant's contention, thesentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).Eng, P.J., Angiolillo, Balkin and Hall, JJ., concur.