People v Quiroz, 2016 NY Slip Op 06105 [142 AD3d 1108]

September 21, 2016

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Joe Quiroz, Appellant.

Seymour W. James, Jr., New York, NY (Laura Boyd of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Nancy Fitzpatrick Talcott of counsel; Yuliya Shyrokonis on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Paynter, J.), imposed March 26, 2014, 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 [2011]; People v Brown , 122 AD3d 133 [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]). Eng, P.J., Balkin, Dickerson, Hinds-Radix and Barros, JJ., concur..