People v DeBose, 2015 NY Slip Op 04502 [128 AD3d 1085]

May 27, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Lamont DeBose, Appellant.

Lynn W.L. Fahey, New York, N.Y., for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Robert Ho on the memorandum), for respondent.

Appeal by the defendant from a resentence of the Supreme Court, Kings County (DiMango, J.), imposed January 5, 2012, on the ground that the resentence was excessive.

Ordered that the resentence is affirmed.

The defendant’s purported waiver of his right to appeal was invalid ( see People v Lopez , 6 NY3d 248 , 256-257 [2006]; People v Brown , 122 AD3d 133 , 137-138 [2014]) and, thus, does not preclude review of his claim that the resentence was excessive. However, the resentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Eng, P.J., Skelos, Leventhal, Roman and Duffy, JJ., concur..