| People v Martin |
| 2018 NY Slip Op 04347 [162 AD3d 793] |
| June 13, 2018 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Anthony Martin, Appellant. |
Paul Skip Laisure, New York, NY (Lynn W. L. Fahey of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, and Merri Turk Lasky 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 (Richard Buchter, J.), imposed July 30, 2012, upon his plea of guilty, on theground that 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 Moyett, 7 NY3d 892,892-893 [2006]; People v Billingslea, 6 NY3d 248, 257 [2006]) and, thus, does notpreclude review of his excessive sentence claim. Nevertheless, the sentence imposed was notexcessive (see People v Suitte, 90 AD2d 80 [1982]). Scheinkman, P.J., Balkin, Duffy andBrathwaite Nelson, JJ., concur.