People
v.
Martinez

Supreme Court, Appellate Division, Second Department, New York.Sep 13, 2017
59 N.Y.S.3d 709 (N.Y. App. Div. 2017)

09-13-2017

The PEOPLE, etc., respondent, v. Matthew MARTINEZ, appellant.

Lynn W.L. Fahey, New York, NY (Anna Kou of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Victor Barall of counsel; Robert Ho on the memorandum), for respondent.


Lynn W.L. Fahey, New York, NY (Anna Kou of counsel), for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Victor Barall of counsel; Robert Ho on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed June 22, 2015, 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, 265, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Pacheco, 138 A.D.3d 1035, 28 N.Y.S.3d 627 ), and thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

ENG, P.J., CHAMBERS, MALTESE and BARROS, JJ., concur.