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95 A.D.3d 1232

People v. Dottery

Appellate Division of the Supreme Court of the State of New York · decided 2012-05-23

Decided 2012-05-23

¶1Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Sullivan, J.), imposed March 15, 2010, upon his plea of guilty, on the ground that the sentence was excessive.

¶2Ordered that the sentence is affirmed.

¶3The 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, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Mastro, A.P.J., Rivera, Belen, Roman and Sgroi, JJ., concur.

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