People v. Javier

• Citation: 971 N.Y.S.2d 478,2013 N.Y. Slip Op. 06018,109 A.D.3d 1004
• Parties: The PEOPLE, etc., respondent, v. Francisco JAVIER, appellant.
• Decision Date: 25 September 2013
• Court: New York Supreme Court — Appellate Division

109 A.D.3d 1004
971 N.Y.S.2d 478
2013 N.Y. Slip Op. 06018

The PEOPLE, etc., respondent,
v.
Francisco JAVIER, appellant.

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

Sept. 25, 2013.

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.

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 N.Y.3d 257, 267, 938 N.Y.S.2d 254, 961 N.E.2d 645;People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145) 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, 455 N.Y.S.2d 675).

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