| People v Whitney |
| 2015 NY Slip Op 01298 [125 AD3d 795] |
| February 11, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Kevin C. Whitney, Appellant. |
Lynn W.L. Fahey, New York, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano,Jennifer Hagen, and Christine DiSalvo of counsel), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Queens County (Kron, J.), imposed July 29, 2013, on the ground that the sentencewas excessive.
Ordered that the sentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v Bradshaw, 18NY3d 257, 265 [2011]; People v Lopez, 6 NY3d 248, 253 [2006]; People v Pelaez, 100 AD3d803, 803 [2012]). However, contrary to the defendant's contention, the sentenceimposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J.,Rivera, Austin, Cohen and Barros, JJ., concur.