People v. Laboy

• Decision Date: 20 September 2017
• Citation: 59 N.Y.S.3d 898 (Mem)
• Parties: The PEOPLE, etc., respondent, v. Angel LABOY, appellant.
• Court: New York Supreme Court — Appellate Division

153 A.D.3d 1363

59 N.Y.S.3d 898 (Mem)

The PEOPLE, etc., respondent,

v.Angel LABOY, appellant.

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

Sept. 20, 2017.

Lynn W.L. Fahey, New York, NY, for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and William H. Branigan of counsel; Deanna Russo on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme

Court, Queens County (Chin Brandt, J.), imposed May 5, 2016, 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. Brown, 122 A.D.3d 133, 137, 992 N.Y.S.2d 297 ; People v. Johnson, 109 A.D.3d 1004, 971 N.Y.S.2d 469 ) 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., MASTRO, MILLER, LaSALLE and BRATHWAITE NELSON, JJ., concur.