| People v Rosa-Cruz |
| 2018 NY Slip Op 01620 [159 AD3d 837] |
| March 14, 2018 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Alberto Rosa-Cruz, Appellant. |
Paul Skip Laisure, New York, NY (Sean H. Murray of counsel), 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 (Barry Kron, J.), imposed July 19, 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 the right to appeal was invalid (see People v Bradshaw, 18 NY3d257, 267 [2011]; People vBrown, 122 AD3d 133, 137 [2014]) and, thus, does not preclude review of his excessivesentence claim. However, the sentence imposed was not excessive (see People v Suitte,90 AD2d 80 [1982]). Scheinkman, P.J., Mastro, Roman, LaSalle and Christopher, JJ.,concur.