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People v. Torres

Supreme Court of New York, Second Department

August 28, 2013

The People of the State of New York, respondent,
v.
Manuel Torres, appellant. (S.C.I. No. 2286/12)

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

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Laura T. Ross of counsel; Gedalia M. Stern on the memorandum), 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, Queens County (Chin-Brandt, J.), imposed October 4, 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 the 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 claims. However, 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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