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People v. Harris

Supreme Court of New York, Second Department

September 11, 2013

The People of the State of New York, respondent,
v.
Renaica L. Harris, appellant. Ind. No. 151-11

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. Rosalind C. Gray 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 her motion, from a sentence of the County Court, Suffolk County (Weber, J.), imposed July 13, 2011, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's purported waiver of her right to appeal was invalid (see People v Lopez, 6 N.Y.3d 248, 257; People v Grant, 83 A.D.3d 862, 862-63; 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 her 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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