The People, etc., respondent, v. Francisco Javier, appellant.

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

The People, etc., respondent, v. Francisco Javier, appellant.

2011–09647 (Ind.No. 1534/10)

Decided: September 25, 2013

RANDALL T. ENG, P.J. REINALDO E. RIVERA JOHN M. LEVENTHAL SANDRA L. SGROI, JJ. Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Merri Turk Lasky of counsel;  Lorrie A. Zinno on the memorandum), for respondent.

Submitted—February 22, 2013

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Camacho, J.), imposed March 30, 2011, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid (see People v. Bradshaw, 18 NY3d 257, 267;  People v. Lopez, 6 NY3d 248, 257) and, thus, does not preclude review of his excessive sentence claim.   However, contrary to the defendant's contention, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

ENG, P.J., RIVERA, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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