People v Drinkwine, 2016 NY Slip Op 06098 [142 AD3d 1103]

September 21, 2016

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Wayne Drinkwine, Appellant.

Seymour W. James, Jr., New York, NY (Harold V. Ferguson, Jr., of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Merri Turk Lasky of counsel; Jacob Wells on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Kron, J.), imposed August 8, 2013, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s waiver of his right to appeal was invalid ( see People v Bradshaw , 18 NY3d 257 [2011]; People v Brown , 122 AD3d 133 [2014]). However, the sentence imposed was not excessive ( see People v Delgado , 80 NY2d 780 [1992]; People v Suitte , 90 AD2d 80, 86-87 [1982]). Eng, P.J., Leventhal, Cohen, LaSalle and Barros, JJ., concur..