People v Bushuyeva, 2015 NY Slip Op 06161 [130 AD3d 840]

July 15, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Yulia Bushuyeva, Appellant.

Lynn W.L. Fahey, New York, N.Y. (Mark W. Vorkink of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Laura T. Ross of counsel; Deanna Russo on the memorandum), for respondent.

Appeals by the defendant, as limited by her motion, from three sentences of the Supreme Court, Queens County (Chin Brandt, J.), all imposed June 25, 2012, on the ground that the sentences were excessive.

Ordered that the sentences are affirmed.

The defendant’s purported waiver of her right to appeal was invalid ( see People v Bradshaw , 18 NY3d 257 [2011]; People v Lopez , 6 NY3d 248 [2006]; People v Santana , 122 AD3d 949 [2014]; People v Contreras , 112 AD3d 649 [2013]) and, thus, does not preclude review of her excessive sentence claim. However, the sentences imposed were not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Eng, P.J., Rivera, Hall, Hinds-Radix and Barros, JJ., concur..