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People v. Javier

Supreme Court of New York, Second Department

September 25, 2013

The People of the State of New York, respondent,
v.
Francisco Javier, appellant Ind. No. 1534/10

Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Merri Turk Lasky of counsel; Lorrie A. Zinno on the memorandum), for respondent.

RANDALL T. ENG, P.J., REINALDO E. RIVERA, JOHN M. LEVENTHAL, SANDRA L. SGROI, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Camacho, J.), imposed March 30, 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 his right to appeal was invalid (see People v Bradshaw, 18 N.Y.3d 257, 267; People v Lopez, 6 N.Y.3d 248, 257) 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).

ENG, P.J., RIVERA, LEVENTHAL and SGROI, JJ., concur.


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