People
v.
Harrison

Supreme Court, Appellate Division, Second Department, New York.Sep 13, 2017
59 N.Y.S.3d 704 (N.Y. App. Div. 2017)

09-13-2017

The PEOPLE, etc., respondent, v. Lee HARRISON, appellant.

Lynn W.L. Fahey, New York, NY (Anders Nelson of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and William H. Branigan of counsel; Arianna Clark on the memorandum), for respondent.


Lynn W.L. Fahey, New York, NY (Anders Nelson of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and William H. Branigan of counsel; Arianna Clark on the memorandum), for respondent.

Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Queens County (Kron, J.), both imposed January 15, 2015, upon his pleas of guilty, on the ground that the sentences were excessive.

ORDERED that the sentences are affirmed.

The defendant's purported waiver of his right to appeal was invalid (see People v. Bradshaw, 18 N.Y.3d 257, 267, 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 ), and thus, does not preclude review of the defendant's claim that the sentences were excessive

(see People v. Villanti, 152 A.D.3d 801, 992 N.Y.S.2d 297 ). Moreover, contrary to the People's contention, the fact that the defendant received the negotiated sentences does not foreclose him from arguing that the sentences were excessive (see People v. Thompson, 60 N.Y.2d 513, 470 N.Y.S.2d 551, 458 N.E.2d 1228 ). The sentences, however, were not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

ENG, P.J., BALKIN, HALL, DUFFY and BRATHWAITE NELSON, JJ., concur.