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People v. Soto

Supreme Court of New York, Second Department

August 21, 2013

The People of the State of New York, respondent,
v.
Jose Soto, appellant. Ind. No. 6185/09

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

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Appelbaum of counsel), for respondent.

RANDALL T. ENG, P.J., MARK C. DILLON, CHERYL E. CHAMBERS, LEONARD B. AUSTIN, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Guzman, J.), imposed April 15, 2011, 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 Lopez, 6 N.Y.3d 248, 257; People v Grant, 83 A.D.3d 862, 862-863; People v Bradshaw, 76 A.D.3d 566, 569, affd 18 N.Y.3d 257, 264; see also People v Callahan, 80 N.Y.2d 273, 283) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant's contention, the sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).

ENG, P.J., DILLON, CHAMBERS and AUSTIN, JJ., concur.


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