People v Garcia, 2017 NY Slip Op 01884 [148 AD3d 928]

March 15, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Martin F. Garcia, Appellant.

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

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Christopher Blira-Koessler of counsel; Marina Kosmetatos 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 November 9, 2011, 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 , 265 [2011]; People v Rennick , 123 AD3d 1146 [2014]; People v Reyes , 121 AD3d 820 [2014]; People v Coleman , 116 AD3d 708 [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., Hall, Cohen, LaSalle and Connolly, JJ., concur..