¶1The defendant’s purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 265 [2011]; People v DeSimone, 80 NY2d 273, 283 [1992]) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant’s contention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Skelos, Roman, Cohen, and Hinds-Radix, JJ., concur.
113 A.D.3d 701
People v. Murphy
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 2014
Appellate Division of the Supreme Court of the State of New York · decided 2014-01-15
Decided 2014-01-15