The People, etc., respondent, v. Allen Floyd, appellant.

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

The People, etc., respondent, v. Allen Floyd, appellant.

2011–09748 (Ind.No. 336/10)

Decided: December 26, 2013

RANDALL T. ENG, P.J. DANIEL D. ANGIOLILLO RUTH C. BALKIN L. PRISCILLA HALL, JJ. Lynn W.L. Fahey, New York, N.Y., for appellant. Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel;  Diego O. Barros on the memorandum), for respondent.

Submitted—August 30, 2013

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Rienzi, J.), imposed February 25, 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 the right to appeal was invalid (see People v. Lopez, 6 NY3d 248, 257;  People v. Jones, 106 AD3d 1106;  People v. Sommerville, 104 AD3d 880;  People v. McHugh, 101 AD3d 754;  People v. Badru, 98 AD3d 1132;  cf.  People v. Tyrell, _ NY3d _, 2013 N.Y. Slip Op 08288 [2013] ) 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., ANGIOLILLO, BALKIN and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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