People v Thompson, 2017 NY Slip Op 08022 [155 AD3d 897]

November 15, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Martin Thompson, Appellant.

Seymour W. James, Jr., New York, NY (Ellen Dille of counsel), for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Masha Simonova 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 May 24, 2016, 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 Rennick , 123 AD3d 1146 [2014]; People v Coleman , 116 AD3d 708 [2014]) and, thus, does not preclude review of his excessive sentence claim ( see People v Lopez , 6 NY3d 248 , 257 [2006]). Nevertheless, contrary to the defendant’s contention, the sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Eng, P.J., Dillon, Miller, Hinds-Radix and Iannacci, JJ., concur..