People v Alfaro

People v Alfaro 2017 NY Slip Op 08008 Decided on November 15, 2017 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 November 15, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
LEONARD B. AUSTIN
JEFFREY A. COHEN
BETSY BARROS, JJ.
2012-00780
2012-00783
2012-00784

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

v

William Alfaro, appellant. (Ind. Nos. 9270/09, 982/11, 984/11)

Seymour W. James, Jr., New York, NY (Eve Kessler of counsel), for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Camille O'Hara Gillespie of counsel; Aleena R. Peerzada on the memorandum), for respondent.

DECISION & ORDER

Appeals by the defendant, as limited by his motion, from three sentences of the Supreme Court, Kings County (Mondo, J.), all imposed January 9, 2012, 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 NY3d 257, 264-265; People v Lopez, 6 NY3d 248, 256; People v Taylor, 130 AD3d 949; People v Brown, 122 AD3d 133, 138-141), and, thus, does not preclude review of his excessive sentence claims. However, the sentences imposed were not excessive (see People v Suitte, 90 AD2d 80).

ENG, P.J., RIVERA, AUSTIN, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court