| People v Harrison |
| 2017 NY Slip Op 06455 [153 AD3d 1277] |
| September 13, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Lee Harrison, Appellant. |
Lynn W. L. Fahey, New York, NY (Anders Nelson of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, and William H. Branigan of counsel; Arianna Clark on the memorandum), forrespondent.
Appeals by the defendant, as limited by his motion, from two sentences of the SupremeCourt, Queens County (Kron, J.), both imposed January 15, 2015, upon his pleas of guilty, on theground that the sentences were excessive.
Ordered that the sentences are affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d257, 267 [2011]; People vBrown, 122 AD3d 133 [2014]), and thus, does not preclude review of the defendant'sclaim that the sentences were excessive (see People v Villanti, 152 AD3d 801 [2017]). Moreover, contraryto the People's contention, the fact that the defendant received the negotiated sentences does notforeclose him from arguing that the sentences were excessive (see People v Thompson,60 NY2d 513 [1983]). The sentences, however, were not excessive (see People v Suitte,90 AD2d 80 [1982]). Eng, P.J., Balkin, Hall, Duffy and Brathwaite Nelson, JJ., concur.