People v Hopkins, 2018 NY Slip Op 04344 [162 AD3d 792]

June 13, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Farleek Hopkins, Appellant.

Paul Skip Laisure, New York, NY (Anders Nelson of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Danielle S. Fenn of counsel; Victoria Randall on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (James P. Griffin, J.), imposed October 29, 2015, 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]). Leventhal, J.P., Austin, Cohen, Barros and Christopher, JJ., concur..