People v Stewart
2016 NY Slip Op 00647 [136 AD3d 624]
February 3, 2016
Appellate Division, Second Department
As corrected through Wednesday, March 23, 2016


[*1]
 The People of the State of New York,Respondent,
v
Guy Stewart, Appellant.

Seymour W. James, Jr., New York, NY (Lawrence T. Hausman of counsel), forappellant.

Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove and KeithDolan of counsel; Tien-Kha Tran on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Kings County (Walsh, J.), imposed April 8, 2011, upon his plea of guilty, on theground that the sentence was excessive.

Ordered that the sentence is affirmed.

As the People correctly concede, the defendant's waiver of the right to appeal wasinvalid (see People vBradshaw, 18 NY3d 257, 265 [2011]; People v Brown, 122 AD3d 133 [2014]). However, thesentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).Eng, P.J., Dillon, Sgroi, Hinds-Radix and Barros, JJ., concur.


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