People v Morales, 2017 NY Slip Op 08283 [155 AD3d 974]

November 22, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Esmerilda Morales, Appellant.

Paul Skip Laisure, New York, NY, for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Solomon Neubort, and Kristen A. Carroll of counsel), for respondent.

Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Kings County (D’Emic, J.), imposed July 30, 2015, upon her plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s purported waiver of her right to appeal was invalid ( see People v Bradshaw , 18 NY3d 257 , 267 [2011]; People v Lopez , 6 NY3d 248 , 257 [2006]; People v DeSimone , 80 NY2d 273, 283 [1992]) and, thus, does not preclude review of her excessive sentence claim. However, the sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Eng, P.J., Hall, Austin, Duffy and Connolly, JJ., concur..