| People v Suarez-Montoya |
| 2020 NY Slip Op 02812 [183 AD3d 765] |
| May 13, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Carlos Suarez-Montoya, Appellant. |
Janet E. Sabel, New York, NY (Antonio Villaamil of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, and Ellen C. Abbot of counsel; Victoria Randall on the memorandum), forrespondent.
Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Queens County (Deborah Stevens Modica, J.), imposed June 8, 2017, on theground that the sentence was excessive.
Ordered that the sentence is affirmed.
The defendant's waiver of the right to appeal was invalid, because the Supreme Courtincorrectly stated during the discussion of the appeal waiver that the waiver encompassedpost-conviction motions (see People v Thomas, 34 NY3d 545 [2019]). Therefore, the purported waiver does not foreclose appellatereview of the issue of whether the sentence imposed was excessive.
However, the sentence imposed was not excessive (see People v Suitte, 90AD2d 80 [1982]). Dillon, J.P., Austin, Roman, Hinds-Radix and Christopher, JJ.,concur.