People v. Pagan , 37 N.Y.S.3d 898 ( 2016 )

People v Pagan (2016 NY Slip Op 06234)

People v Pagan

2016 NY Slip Op 06234

Decided on September 28, 2016

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 September 28, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RANDALL T. ENG, P.J.
LEONARD B. AUSTIN
SHERI S. ROMAN
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.

2014-01431
(Ind. No. 5507/10)

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

v

Freddie Pagan, appellant.

Lynn W. L. Fahey, New York, NY, for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan Dennehy of counsel; Gregory Musso 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 (D'Emic, J.), imposed January 16, 2014, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's waiver of his right to appeal was invalid and, thus, does not preclude review of his excessive sentence claim (see People v Bradshaw, 18 NY3d 257, 267; People v DeSimone, 80 NY2d 273, 283; People v McBride, 106 AD3d 1110, 1110). However, the sentence imposed was not excessive (People v Suitte, 90 AD2d 80).

ENG, P.J., AUSTIN, ROMAN, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court