¶1The defendant’s purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 264 [2011]; People v Moyett, 7 NY3d 892, 893 [2006]; People v Jacob, 94 AD3d 1142 [2012]) 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, Dillon, Eng, Lott and Miller, JJ., concur.
97 A.D.3d 763
People v. Davis
Appellate Division of the Supreme Court of the State of New York
Decided July 18, 2012
Appellate Division of the Supreme Court of the State of New York · decided 2012-07-18
Decided 2012-07-18