People v Marrero
Appellate Division, Second Department
September 20, 2017
2017 NY Slip Op 06552 [153 AD3d 1364]
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, November 1, 2017
Lynn W.L. Fahey, New York, NY (William Kastin of counsel), for appellant.
Michael E. McMahon, District Attorney, Staten Island, NY (Anne Grady of counsel), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Rooney, J.), imposed October 15, 2014, on the ground that 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 Lopez, 6 NY3d 248, 256 [2006]; People v Brown, 122 AD3d 133 [2014]) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Hall, Sgroi, Maltese and Connolly, JJ., concur.