People v Martinez, 2017 NY Slip Op 06457 [153 AD3d 1279]

September 13, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Matthew Martinez, Appellant.

Lynn W.L. Fahey, New York, NY (Anna Kou of counsel), for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Victor Barall of counsel; Robert Ho on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed June 22, 2015, upon his plea of guilty, 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 Bradshaw , 18 NY3d 257 , 265 [2011]; People v Lopez , 6 NY3d 248 , 256-257 [2006]; People v Pacheco , 138 AD3d 1035 [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., Chambers, Maltese and Barros, JJ., concur..