The People, etc., respondent, v. Wilfredo DeJesus, appellant. (2017)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Wilfredo DeJesus, appellant.

2016–04071 2016–04072 (Ind.Nos. 7293 /15, 8737 /15)

Decided: December 27, 2017

RANDALL T. ENG, P.J. RUTH C. BALKIN L. PRISCILLA HALL COLLEEN D. DUFFY VALERIE BRATHWAITE NELSON, JJ.

Seymour W. James, Jr., New York, N.Y. (Katheryne M. Martone of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Appelbaum of counsel; Robert Ho on the memorandum), for respondent.

Submitted—September 29, 2017

DECISION & ORDER

Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Kings County (Mullen, J.), both imposed March 23, 2016, upon his pleas of guilty, on the ground that the sentences were excessive.

ORDERED that the sentences are affirmed.

The defendant's purported waiver of his right to appeal was invalid (see People v. Bradshaw, 18 NY3d 257, 264; People v. Little, 127 AD3d 1235, 1235–1236; People v. Brown, 122 AD3d 133) and, thus, does not preclude review of his excessive sentence claims. However, the sentences imposed were not excessive (see People v. Suitte, 90 A.D.2d 80).

ENG, P.J., BALKIN, HALL, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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