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People v. Friscia

Supreme Court of New York, Second Department

June 19, 2013

The People of the State of New York, respondent,
v.
Christopher Friscia, appellant. (Ind. No. 2326/11)

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

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel; Gregory Musso on the memorandum), for respondent.

RANDALL T. ENG, P.J., DANIEL D. ANGIOLILLO, RUTH C. BALKIN, L. PRISCILLA HALL, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Chun, J.), imposed March 7, 2012, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

As the People correctly concede, the defendant's purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 N.Y.3d 257, 265; People v DeSimone, 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).

ENG, P.J., ANGIOLILLO, BALKIN and HALL, JJ., concur.


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