| People v Caraballo |
| 2015 NY Slip Op 03378 [127 AD3d 1103] |
| April 22, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Jorge Caraballo, Appellant. |
Lynn W.L. Fahey, New York, N.Y. (Barry Stending of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano,Johnnette Traill, and Daniel Bresnahan of counsel; Lorrie A. Zinno on thememorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Queens County (Holder, J.), imposed May 30, 2013, upon his plea of guilty, onthe ground that the sentence was 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 DeSimone, 80 NY2d 273, 283 [1992]) and,thus, does not preclude review of his excessive sentence claim. However, contrary to thedefendant's contention, the sentence imposed was not excessive (see People vSuitte, 90 AD2d 80 [1982]). Eng, P.J., Dillon, Leventhal, Cohen and Maltese, JJ.,concur.