People v. Diaz, 139 A.D.3d 871 (N.Y. App. Div. 2016). · Go Syfert
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People v. Diaz, 139 A.D.3d 871 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
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The People of the State of New York, Respondent,
v.
Sergio Diaz, Appellant
2012-07938.
Appellate Division of the Supreme Court of the State of New York.
May 11, 2016.
139 A.D.3d 871
Eng, Rivera, Hall, Austin, Cohen.
Published

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Braun, J.), imposed November 16, 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 NY3d 257, 267 [2011]; People v Guarchaj, 122 AD3d 878, 879 [2014]; People v Brown, 122 AD3d 133, 140 [2014]; People v Pressley, 116 AD3d 794, 795-796 [2014]; People v Pelaez, 100 AD3d 803, 803-804 [2012]), 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 AD2d 80 [1982]; People v Roman, 84 AD2d 851 [1981]).

Eng, P.J., Rivera, Hall, Austin and Cohen, JJ., concur.