General

The People of the State of New York, Respondent, v. SHYTIQUE KELLY, Appellant

131 A.D.3d 118116 N.Y.S.3d 749·New York Supreme Court, Appellate Division·2015·NY

Eng, P.J., Dillon, Leventhal, Hinds-Radix and LaSalle, JJ., concur.

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Opinion

The People of the State of New York, Respondent, v SHYTIQUE KELLY, Appellant. [16 NYS3d 749] [MAJORITY] Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Buchter J.), imposed July 23, 2013, upon his plea of guilty, on the ground that the sentence was excessive. Ordered that the sentence is affirmed. The defendant’s waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 267 [2011]; People v Brown, 122 AD3d 133 [2014]; cf. People v Sanders, 25 NY3d 337 [2015]) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Dillon, Leventhal, Hinds-Radix and LaSalle, JJ., concur.