| People v Floyd |
| 2013 NY Slip Op 08655 [112 AD3d 963] |
| December 26, 2013 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Allen Floyd, Appellant. |
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Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of
counsel), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Rienzi, J.), imposed February 25, 2011, upon his plea of guilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
The defendant's purported waiver of the right to appeal was invalid (see People v Lopez, 6 NY3d 248, 257 [2006]; People v Jones, 106 AD3d 1106 [2013]; People v Sommerville, 104 AD3d 880 [2013]; People v McHugh, 101 AD3d 754 [2012]; People v Badru, 98 AD3d 1132 [2012]; cf. People v Tyrell, 22 NY3d —, 2013 NY Slip Op 08288 [2013]) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant's contention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Angiolillo, Balkin and Hall, JJ., concur.