People v Carter, 2017 NY Slip Op 09149 [156 AD3d 898]

December 27, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Donsha Carter, Appellant.

Seymour W. James, Jr., New York, NY (Ellen Dille of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Nancy Fitzpatrick Talcott, and Kathryn E. Mullen of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Kron, J.), imposed March 30, 2016, 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 the right to appeal was invalid ( see People v Bradshaw , 18 NY3d 257 , 264 [2011]; People v Santeramo , 153 AD3d 1286 , 1286-1287 [2017]) 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]). Eng, P.J., Balkin, Hall, Duffy and Brathwaite Nelson, JJ., concur..