People v Angelis
2012 NY Slip Op 02701 [94 AD3d 902]
April 10, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 23, 2012


The People of the State of New York, Respondent,
v
John Angelis, Appellant.

—[*1] Lynn W. L. Fahey, New York, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Daniel Bresnahan, and Matthew Sweet of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from two sentences of the Supreme Court, Queens County (Mullings, J.), both imposed January 19, 2011, 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 Callahan, 80 NY2d 273, 283 [1992]; People v Bradshaw, 76 AD3d 566, 568-569 [2010]), 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 [1982]). Mastro, A.P.J., Skelos, Leventhal, Austin and Cohen, JJ., concur.