People v Diego P., 2018 NY Slip Op 04350 [162 AD3d 796]

June 13, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Diego P., Appellant.

Paul Skip Laisure, New York, NY (Lisa Napoli of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Camille O’Hara Gillespie of counsel; Marielle Burnett on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Frederick C. Arriaga, J.), imposed October 12, 2016, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s purported waiver of his right to appeal was invalid ( see People v Chambers , 142 AD3d 672 [2016]) 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]). Dillon, J.P., Sgroi, Hinds-Radix, Brathwaite Nelson and Iannacci, JJ., concur..