People v. Juan A. , 143 A.D.3d 908 ( 2016 )

People v Juan A. (2016 NY Slip Op 06836)

People v Juan A.

2016 NY Slip Op 06836

Decided on October 19, 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 October 19, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RANDALL T. ENG, P.J.
MARK C. DILLON
SANDRA L. SGROI
ROBERT J. MILLER
VALERIE BRATHWAITE NELSON, JJ.

2015-10532
(Ind. No. 1346/14)

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

v

Juan A. (Anonymous), appellant.

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

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Merri Turk Lasky of counsel; Lorrie A. Zinno on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from an amended sentence of the Supreme Court, Queens County (Wong, J.), imposed October 13, 2015, on the ground that the amended sentence was excessive.

ORDERED that the amended sentence is affirmed.

The defendant's purported waiver of the right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 265; People v Lopez, 6 NY3d 248, 257; People v Brown, 122 AD3d 133), and, thus, does not preclude review of his excessive sentence claim.

However, the amended sentence was not excessive (see People v Suitte, 90 AD2d 80).

ENG, P.J., DILLON, SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court