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Appellate Division, Second Department: June 13, 2018

Appellate Division, Second Department: June 13, 2018

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By Scheinkman, P.J.; Balkin, Duffy and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Anthony Martin, ap — (Ind. No. 1768/11)Paul Skip Laisure, New York, NY (Lynn W. L. Fahey of counsel), for appellant.Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Merri Turk Lasky of counsel; Deanna Russo on the memorandum), for respondent.Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Richard Buchter, J.), imposed July 30, 2012, 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. Moyett, 7 NY3d 892, 892-893; People v. Billingslea, 6 NY3d 248, 257) and, thus, does not preclude review of his excessive sentence claim. Nevertheless, the sentence imposed was not excessive (see People v. Suitte, 90 AD2d 80).SCHEINKMAN, P.J., BALKIN, DUFFY and BRATHWAITE NELSON, JJ., concur.

By Dillon, J.P.; Hinds-Radix, Maltese and Barros, JJ.PEOPLE, etc., res, v. Michael Richards, ap — (Ind. No. 3168/11)Michael Richards, Auburn, NY, appellant pro se.Timothy D. Sini, District Attorney, Riverhead, NY (Grazia DiVincenzo of counsel), for respondent.Laurette D. Mulry, Riverhead, NY (Felice B. Milani of counsel), former appellate counsel.Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated November 9, 2016 (People v. Richards, 144 AD3d 844), affirming a judgment of the County Court, Suffolk County, rendered April 18, 2014.ORDERED that the application is denied.The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see Jones v. Barnes, 463 US 745; People v. Stultz, 2 NY3d 277).DILLON, J.P., HINDS-RADIX, MALTESE and BARROS, JJ., concur.

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