People v. Mendez

Appeal by the defend-

ant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Walsh, J.), imposed May 8, 2012, upon his plea of guilty, on the ground that the sentence was excessive.

*511 Ordered that the sentence is affirmed.

Under the circumstances of this case, the defendant’s purported waiver of his right to appeal was invalid (see People v Hobson, 131 AD3d 546, 546 [2015]; People v Brown, 122 AD3d 133 [2014]) 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]).