People v. Maley

• Citation: 2017 N.Y. Slip Op. 00191,43 N.Y.S.3d 908 (Mem),146 A.D.3d 815
• Parties: The PEOPLE, etc., respondent, v. Gerard C. MALEY, appellant.
• Decision Date: 11 January 2017
• Court: New York Supreme Court Appellate Division

146 A.D.3d 815
43 N.Y.S.3d 908 (Mem)
2017 N.Y. Slip Op. 00191

The PEOPLE, etc., respondent,
v.
Gerard C. MALEY, appellant.

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

Jan. 11, 2017.

Seymour W. James, Jr., New York, NY (Adrienne Gantt of counsel; Chloe Bootstaylor on the memorandum), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Christopher Blira–Koessler of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Melendez, J.), imposed October 9, 2012, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

43 N.Y.S.3d 909

The defendant's purported waiver of his right to appeal was invalid (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ), 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, 455 N.Y.S.2d 675 ).

ENG, P.J., HALL, LaSALLE, CONNOLLY and BRATHWAITE NELSON, JJ., concur.