People v. Colon , 153 A.D.3d 550 ( 2017 )

People v Colon (2017 NY Slip Op 05967)

People v Colon

2017 NY Slip Op 05967

Decided on August 2, 2017

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 August 2, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
JEFFREY A. COHEN
ROBERT J. MILLER
HECTOR D. LASALLE, JJ.

2015-09376
2015-09377
2015-09379

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

v

Carlton Colon, appellant. (Ind. Nos. 4095/14, 8214/14, 5049/15)

Lynn W. L. Fahey, New York, NY (David P. Greenberg of counsel), for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Keith Dolan of counsel), for respondent.

DECISION & ORDER

Appeals by the defendant, as limited by his motion, from three sentences of the Supreme Court, Kings County (Murphy, J.), all imposed August 26, 2015, upon his pleas of guilty, on the ground that the sentences were excessive.

ORDERED that the sentences are affirmed.

The defendant's purported waivers of his right to appeal were invalid (see People v Bradshaw, 18 NY3d 257, 264-265) and, thus, do not preclude review of his excessive sentence claims. However, contrary to the defendant's contention, the sentences imposed were not excessive (see People v Suitte, 90 AD2d 80).

ENG, P.J., RIVERA, COHEN, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court