People v. Mair

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Chin-Brandt, J.), imposed February 2, 2012, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 265 [2011]) and thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).