| People v Laboy |
| 2017 NY Slip Op 06551 [153 AD3d 1363] |
| September 20, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Angel Laboy, Appellant. |
Lynn W.L. Fahey, New York, NY, for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, and William H. Branigan of counsel; Deanna Russo 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 May 5, 2016, upon his plea of guilty, on the groundthat 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, 18 NY3d257, 267 [2011]; People vBrown, 122 AD3d 133, 137 [2014]; People v Johnson, 109 AD3d 1004 [2013]) and, thus, does notpreclude review of his excessive sentence claim. However, contrary to the defendant'scontention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Eng, P.J., Mastro, Miller, LaSalle and Brathwaite Nelson, JJ., concur.