General
The People of the State of New York, Respondent, v. Cesar Avendano, Appellant
119 A.D.3d 597987 N.Y.S.2d 892·New York Supreme Court, Appellate Division·2014·NY
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Opinion
The People of the State of New York, Respondent, v Cesar Avendano, Appellant.
[987 NYS2d 892]
[MAJORITY]
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Rienzi, J.), imposed February 19, 2013, 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, 265 [2011]; People v Lopez, 6 NY3d 248, 256-257 [2006]) 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, EJ., Skelos, Leventhal, Roman and Duffy, JJ., concur.