People v Ackwood, 2018 NY Slip Op 03988 [162 AD3d 679]

June 6, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Bryan Ackwood, Appellant.

Paul Skip Laisure, New York, NY (Cynthia Colt of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Victor Barall of counsel; Robert Ho on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Evelyn Laporte, J.), imposed June 29, 2016, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

Under the circumstances of this case, the defendant’s purported waiver of his right to appeal was invalid ( cf. People v Santiago , 139 AD3d 515 [2016]) 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]). Balkin, J.P., Chambers, Roman, Maltese and Connolly, JJ., concur..