People v James, 2017 NY Slip Op 03968 [150 AD3d 1026]

May 17, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Sabrina James, Appellant.

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

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Sholom J. Twersky of counsel; Gregory Musso on the memorandum), for respondent.

Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed December 17, 2015, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s waiver of her right to appeal was invalid ( see People v Head , 147 AD3d 1083 [2017]; People v Bynum , 142 AD3d 1183 [2016]; People v Burnett-Hicks , 133 AD3d 773 [2015]). However, the sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Eng, P.J., Balkin, Roman, Hinds-Radix and Brathwaite Nelson, JJ., concur..