People v Zeledon, 2015 NY Slip Op 06528 [131 AD3d 553]

August 12, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Luis Zeledon, Appellant.

Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Merri Turk Lasky of counsel; Andrew Dykens on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Lasak, J.), imposed January 11, 2012, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s waiver of his right to appeal was invalid ( see People v Bradshaw , 18 NY3d 257 , 265 [2011]; People v Brown , 122 AD3d 133 [2014]). However, the sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Eng, P.J., Rivera, Austin, Cohen and Barros, JJ., concur..