People v Harper
2013 NY Slip Op 00764 [103 AD3d 665]
February 6, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 27, 2013


The People of the State of New York, Respondent,
v
Mark Harper, Appellant.

—[*1] Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Ushir Pandit of counsel; Carla Martinez on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Gerald, J.), imposed July 26, 2011, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

As the defendant correctly contends, he did not validly waive his right to appeal (see People v Bradshaw, 18 NY3d 257 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]). However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Dillon, Chambers and Austin, JJ., concur.