People v Webb
2014 NY Slip Op 03288 [117 AD3d 762]
May 7, 2014
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 2, 2014


[*1]
 The People of the State of New York, Respondent,
v
Melanie Webb, Appellant.

Lynn W.L. Fahey, New York, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Laura Ross of counsel; Lorrie A. Zinno on the memorandum), for respondent.

Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Queens County (Buchter, J.), imposed November 22, 2011, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

Under the circumstances presented, the defendant's purported waiver of her right to appeal was invalid (see People v Bradshaw, 18 NY3d 257 [2011]; People v Lopez, 6 NY3d 248 [2006]) and, thus, does not preclude review of her 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., Mastro, Hall and Miller, JJ., concur.