People v. Rodriguez ( 2018 )

People v Rodriguez (2018 NY Slip Op 02491)

People v Rodriguez

2018 NY Slip Op 02491

Decided on April 11, 2018

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 11, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
ALAN D. SCHEINKMAN, P.J.
MARK C. DILLON
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
ANGELA G. IANNACCI, JJ.

2015-10464
(Ind. No. 4101/14)

[*1]The People of the State of New York, respondent,

v

Luis Rodriguez, appellant.

Paul Skip Laisure, New York, NY (Michael Arthus of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, and Morgan J. Dennehy of counsel; Robert Ho on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Neil Jon Firetog, J.), imposed October 8, 2015, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

As the People correctly concede, the defendant's waiver of the right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 265; People v Brown, 122 AD3d 133; People v Stewart, 136 AD3d 624). However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

SCHEINKMAN, P.J., DILLON, MILLER, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court