People v. Rodriguez

Paul Skip Laisure, New York, N.Y. (Michael Arthus of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, and Morgan J. Dennehy of counsel; Robert Ho on the memorandum), for respondent.

ALAN D. SCHEINKMAN, P.J., MARK C. DILLON, ROBERT J. MILLER, SYLVIA O. HINDS–RADIX, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Neil Jon Firetog, J.), imposed October 8, 2015, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

As the People correctly concede, the defendant's waiver of the right to appeal was invalid (see People v. Bradshaw , 18 N.Y.3d 257, 265, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Brown , 122 A.D.3d 133, 992 N.Y.S.2d 297 ; People v. Stewart , 136 A.D.3d 624, 23 N.Y.S.3d 903 ). However, the sentence imposed was not excessive (see People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

SCHEINKMAN, P.J., DILLON, MILLER, HINDS–RADIX and IANNACCI, JJ., concur.