People v Aaron C., 2015 NY Slip Op 01284 [125 AD3d 784]

February 11, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Aaron C., Appellant.

Seymour W. James, Jr., New York, N.Y. (Adrienne Gantt of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano of counsel; Kristen Lasak on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Camacho, J., at plea; Kron, J., at sentencing), imposed February 6, 2013, 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 [2011]; People v Brown , 122 AD3d 133 [2014]), 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]). Eng, P.J., Balkin, Dickerson and Hinds-Radix, JJ., concur..