People v Porter, 2017 NY Slip Op 06196 [153 AD3d 732]

August 16, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Desmond Porter, Appellant.

Lynn W. L. Fahey, New York, NY (David P. Greenberg of counsel), for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Ruby D. Andrade on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Gubbay, J.), imposed June 9, 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 Bovian , 148 AD3d 924 [2017]; People v Gonzalez , 142 AD3d 717 [2016]; People v Chambers , 142 AD3d 672 [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, Roman, Cohen and Hinds-Radix, JJ., concur..