People v Contreras

People v Contreras 2013 NY Slip Op 08096 Decided on December 4, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 4, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
L. PRISCILLA HALL, JJ.
2012-01489
(Ind. No. 69/11)

[*1]The People of the State of New York, respondent,

v

Richard E. Contreras, appellant.




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.


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 NY3d 257; People v Lopez, 6 NY3d 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 AD2d 80).
ENG, P.J., ANGIOLILLO, BALKIN and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court