¶1As the defendant correctly contends, he did not validly waive his right to appeal (see People v Bradshaw, 18 NY3d 257 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]) and, thus, review of his excessive sentence claim is not precluded. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Mastro, Hall and Roman, JJ., concur.
113 A.D.3d 875
People v. Fleming
Appellate Division of the Supreme Court of the State of New York
Decided January 29, 2014
Appellate Division of the Supreme Court of the State of New York · decided 2014-01-29
Decided 2014-01-29