People v. Floyd

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.

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 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Jones, 106 A.D.3d 1106, 965 N.Y.S.2d 729; People v. Sommerville, 104 A.D.3d 880, 960 N.Y.S.2d 661; People v. McHugh, 101 A.D.3d 754, 954 N.Y.S.2d 500; People v. Badru, 98 A.D.3d 1132, 950 N.Y.S.2d 711; cf. People v. Tyrell, 22 N.Y.3d 359, 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, 455 N.Y.S.2d 675).

ENG, P.J., ANGIOLILLO, BALKIN and HALL, JJ., concur.