People v Hidalgo, 2015 NY Slip Op 06438 [131 AD3d 483]

August 5, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Yamilette Hidalgo, Appellant.

Lynn W.L. Fahey, New York, N.Y., for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel; Robert Ho on the memorandum), for respondent.

Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Kings County (D’Emic, J.), imposed August 5, 2013, upon her plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s waiver of her right to appeal was invalid ( see People v Bradshaw , 18 NY3d 257 , 265 [2011]; People v Brown , 122 AD3d 133 [2014]) and, thus, does not preclude review of her excessive sentence claim. However, the sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Eng, P.J., Mastro, Sgroi, Miller and Barros, JJ., concur..