People v Rodriguez
2018 NY Slip Op 02491 [160 AD3d 779]
April 11, 2018
Appellate Division, Second Department
As corrected through Wednesday, May 30, 2018


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

Paul Skip Laisure, New York, NY (Michael Arthus of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, and Morgan J. Dennehyof counsel; Robert Ho on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court,Kings County (Neil Jon Firetog, J.), imposed October 8, 2015, on the ground that the sentencewas excessive.

Ordered that the sentence is affirmed.

As the People correctly concede, the defendant's waiver of the right to appeal was invalid (see People v Bradshaw, 18 NY3d257, 265 [2011]; People vBrown, 122 AD3d 133 [2014]; People v Stewart, 136 AD3d 624 [2016]). However, the sentenceimposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Scheinkman, P.J.,Dillon, Miller, Hinds-Radix and Iannacci, JJ., concur.


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