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People v. Contreras

Supreme Court of New York, Second Department

December 4, 2013

The People of the State of New York, respondent,
v.
Richard E. Contreras, appellant. Ind. No. 69/11

Lynn W. L. Fahey, New York, N.Y., for appellant, and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Daniel Bresnahan of counsel; Julaine Gallo on the memorandum and brief), for respondent.

RANDALL T. ENG, P.J., DANIEL D. ANGIOLILLO, RUTH C. BALKIN, L. PRISCILLA HALL, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion and brief, from a sentence of the Supreme Court, Queens County (Chin-Brandt, J.), imposed March 1, 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; People v Lopez, 6 N.Y.3d 248) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant's contentions, including those raised in his pro se supplemental brief, the sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).

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


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