Lynn W. L. Fahey, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Appelbaum of counsel), for respondent.
RANDALL T. ENG, P.J., MARK C. DILLON, CHERYL E. CHAMBERS, LEONARD B. AUSTIN, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Guzman, J.), imposed April 15, 2011, 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 Lopez, 6 N.Y.3d 248, 257; People v Grant, 83 A.D.3d 862, 862-863; People v Bradshaw, 76 A.D.3d 566, 569, affd18 N.Y.3d 257, 264; see also People v Callahan, 80 N.Y.2d 273, 283) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the ...