The People, etc., respondent, v. Brandon Rountree, appellant. (2026)

Submitted—March 18, 2026

DECISION & ORDER

Q/

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (David J. Kirschner, J.), imposed May 8, 2023, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the People's contention, the defendant did not validly waive his right to appeal the excessiveness of the sentence imposed (see People v. Arriaza–Ortega, 216 AD3d 1175, 1175;  People v. Moye, 164 AD3d 698, 698).  During the plea allocution, the Supreme Court expressly excluded a challenge to the excessiveness of the sentence imposed from the challenges foreclosed by the waiver of the right to appeal by telling the defendant that he was giving up his right to appeal, with the exception of challenging the excessiveness of his sentence (see People v. Moye, 164 AD3d at 698).

Nevertheless, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

IANNACCI, J.P., WOOTEN, WAN, GOLIA and OTTLEY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court