The People, etc., respondent, v. Elijah Boakye, appellant.
Submitted—June 28, 2013
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (DiMango, J.), imposed March 20, 2012, 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, 265; People v. DeSimone, 80 N.Y.2d 273, 283) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
ENG, P.J., ANGIOLILLO, BALKIN and HALL, JJ., concur.
Clerk of the Court