People v Turner, 2016 NY Slip Op 05880 [142 AD3d 680]

August 24, 2016

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Brian K. Turner, Appellant.

Lynn W. L. Fahey, New York, NY, for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Jeanette Lifschitz of counsel; Lorrie A. Zinno on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Golia, J., at plea; Zaro, J., at sentence), imposed September 29, 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 Maracle , 19 NY3d 925 [2012]; People v Bradshaw , 18 NY3d 257 , 265 [2011]) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant’s contention, the sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Eng, P.J., Hall, Cohen, LaSalle and Connolly, JJ., concur..