People v Bazemore, 2016 NY Slip Op 05758 [142 AD3d 555]

August 10, 2016

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

William Bazemore, Appellant.

Lynn W. L. Fahey, New York, NY, for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (Johnnette Traill and Anastasia Spanakos of counsel; Yuliya Shyrokonis on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Chin Brandt, J.), imposed February 6, 2015, 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., Mastro, Hall, Sgroi and Miller, JJ., concur..