The People, etc., respondent, v. Luis Rodriguez, appellant. (2018)

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

The People, etc., respondent, v. Luis Rodriguez, appellant.

2015–10464 (Ind.No. 4101 /14)

Decided: April 11, 2018

ALAN D. SCHEINKMAN, P.J. MARK C. DILLON ROBERT J. MILLER SYLVIA O. HINDS–RADIX ANGELA G. IANNACCI, JJ.

Paul Skip Laisure, New York, N.Y. (Michael Arthus of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, and Morgan J. Dennehy of counsel; Robert Ho on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Neil Jon Firetog, J.), imposed October 8, 2015, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

As the People correctly concede, the defendant's waiver of the right to appeal was invalid (see People v. Bradshaw, 18 NY3d 257, 265; People v. Brown, 122 AD3d 133; People v. Stewart, 136 AD3d 624). However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

SCHEINKMAN, P.J., DILLON, MILLER, HINDS–RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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