People v Urena, 2017 NY Slip Op 03022 [149 AD3d 985]

April 19, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Rafael Urena, Appellant.

Lynn W. L. Fahey, New York, NY (William Kastin of counsel), for appellant, and appellant pro se.

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

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Koenderman, J.), rendered March 31, 2014, as amended September 29, 2014 (Zaro, J.), convicting him of attempted sodomy in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment, as amended, is affirmed.

The defendant’s purported waiver of his right to appeal was invalid ( see People v Lopez , 6 NY3d 248 , 256 [2006]; 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]).

The defendant’s remaining contentions, raised in his pro se supplemental brief, are without merit ( see CPL 30.10 [3] [f]; L 1996, ch 122, § 1). Eng, P.J., Hall, Cohen, LaSalle and Connolly, JJ., concur..