| People v Serrano |
| 2015 NY Slip Op 05213 [129 AD3d 997] |
| June 17, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Gerson Serrano, Appellant. |
Lynn W.L. Fahey, New York, N.Y. (Ellen Fried of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano,Johnnette Traill, and Jennifer Hagan of counsel; John M. Harras on the memorandum),for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Queens County (Koenderman, J.), imposed March 5, 2012, upon his plea ofguilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
The defendant's waiver of his right to appeal was invalid (see People v Bradshaw, 18NY3d 257, 265 [2011]). Although the defendant has served the sentence imposed, inlight of the collateral immigration consequences to him, the question of whether thedefendant's sentence was excessive is not academic (see People v Cardenas, 123 AD3d 940 [2014]). However,considering all of the relevant circumstances of this matter, including the collateralimmigration consequences to the defendant (see People v Weston, 98 AD3d 1066 [2012]; People vBakare, 280 AD2d 679 [2001]; People v Cuaran, 261 AD2d 169 [1999]), thesentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).Eng, P.J., Rivera, Austin, Cohen and Barros, JJ., concur.