People v McQueen, 2017 NY Slip Op 05464 [152 AD3d 547]

July 5, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Tony McQueen, Appellant.

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

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Lori Glachman of counsel; Ruby D. Andrade on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Donnelly, J.), imposed June 2, 2014, 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 Bradshaw , 18 NY3d 257 , 264 [2011]; People v Black , 144 AD3d 935 [2016]; People v Brown , 122 AD3d 133 , 138-141 [2014]), and thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant’s contention, the sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Eng, P.J., Hall, Austin, Duffy and Connolly, JJ., concur..