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People v. Jones

Supreme Court of New York, Second Department

May 29, 2013

The People of the State of New York, respondent,
v.
Anthony Jones, appellant. Ind. No. 149/10

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

Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.

RANDALL T. ENG, P.J. REINALDO E. RIVERA JOHN M. LEVENTHAL SANDRA L. SGROI, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Rienzi, J.), imposed August 23, 2010, 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 Bradshaw, 18 N.Y.3d 257, 265; People v Lopez, 6 N.Y.3d 248, 256-257; People v Sommerville, 104 A.D.3d 880; People v McHugh, 101 A.D.3d 754, lv denied 20 N.Y.3d 1101; People v Badru, 98 A.D.3d 1132), 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).

ENG, P.J., RIVERA, LEVENTHAL and SGROI, JJ., concur.


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