| People v Herring |
| 2017 NY Slip Op 04142 [150 AD3d 1148] |
| May 24, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Terrell Herring, Appellant. |
Lynn W. L. Fahey, New York, NY, for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, and Merri Turk Lasky of counsel; Marina Kosmetatos on the memorandum), forrespondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court,Queens County (Chin-Brandt, J.), imposed June 23, 2015, upon his plea of guilty, on the groundthat the sentence is excessive.
Ordered that the sentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d257, 267 [2011]; People vLopez, 6 NY3d 248, 257 [2006]; People v Brown, 122 AD3d 133, 145 [2014]), and, thus, does notpreclude review of his excessive sentence claim. However, the sentence imposed was notexcessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Austin, Roman,Hinds-Radix and Duffy, JJ., concur.