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People v. McCoy

Supreme Court of New York, Second Department

September 18, 2013

The People of the State of New York, respondent,
v.
Ronald McCoy, appellant. Ind. No. 10991/07

Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel; Robert Ho 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, Kings County (Firetog, J.), imposed August 5, 2010, upon his plea of guilty, 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 Bradshaw, 18 N.Y.3d 257, 265; People v Billingslea, 6 N.Y.3d 248, 254) and, thus, does not preclude review of his excessive sentence claim (see People v Chenphang, 102 A.D.3d 884). 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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