People v Pinchupa, 2015 NY Slip Op 04514 [128 AD3d 1099]

May 27, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Paul H. Pinchupa, Appellant.

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

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Modica, J.), imposed May 7, 2013, 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 Callahan , 80 NY2d 273, 283 [1992]) 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., Balkin, Chambers, Sgroi and Miller, JJ., concur..