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People v. Boakye

Supreme Court of New York, Second Department

September 25, 2013

The People of the State of New York, respondent,
v.
Elijah Boakye, appellant Ind. No. 4863/10

Lynn W. L. Fahey, New York, N.Y. (Janet Claire Le of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Diane R. Eisner of counsel; Daniel Alster 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 (DiMango, J.), imposed March 20, 2012, 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 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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