People v Dylan G., 2017 NY Slip Op 09157 [156 AD3d 901]

December 27, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Dylan G., Appellant.

Seymour W. James, Jr., New York, NY (Eve Kessler of counsel), for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Rhea A. Grob of counsel; Masha Simonova on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Gubbay, J.), imposed March 16, 2016, 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 Chambers , 142 AD3d 672 [2016]) 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., Dillon, Miller, Hinds-Radix and Iannacci, JJ., concur..