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People v. Matista

Supreme Court of New York, Second Department

May 22, 2013

The People of the State of New York, respondent,
v.
Jeffrey Matista, appellant. (Ind. No. 2148/06)

Steven Banks, New York, N.Y. (Adrienne M. Gantt of counsel; Rosa Cohen-Cruz on the memorandum), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Sharon Y. Brodt of counsel; Andrew Dykens on the memorandum), for respondent.

WILLIAM F. MASTRO, J.P., DANIEL D. ANGIOLILLO, THOMAS A. DICKERSON, L. PRISCILLA HALL, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Aloise, J.), imposed February 24, 2009, 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 N.Y.3d 257, 265; People v Callahan, 80 N.Y.2d 273, 283) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).

MASTRO, J.P., ANGIOLILLO, DICKERSON and HALL, JJ., concur.


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