| People v Murphy |
| 2014 NY Slip Op 00242 [113 AD3d 701] |
| January 15, 2014 |
| 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 Curtis Murphy, Appellant. |
—[*1]
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and
Daniel Bresnahan of counsel; Andrew Dykens on the memorandum), for
respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Aloise, J.), imposed October 18, 2011, 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 DeSimone, 80 NY2d 273, 283 [1992]) 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., Skelos, Roman, Cohen, and Hinds-Radix, JJ., concur.