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People v. Chappelle

Supreme Court of New York, Second Department

September 25, 2013

The People of the State of New York, respondent,
v.
Sincere Chappelle, appellant Ind. No. 2298/09

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

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Merri Turk Lasky of counsel; Steven H. Ju on the memorandum), for respondent.

RANDALL T. ENG, P.J., WILLIAM F. MASTRO, THOMAS A. DICKERSON, PLUMMER E. LOTT, ROBERT J. MILLER, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Buchter, J.), imposed March 3, 2011, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the People's contention, the record does not support the conclusion that the defendant knowingly, intelligently, and voluntarily waived his right to appeal (see People v Bradshaw, 18 N.Y.3d 257, 267), and, thus, review of his excessive sentence claim is not precluded. However, the sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).

ENG, P.J., MASTRO, DICKERSON, LOTT and MILLER, JJ., concur.


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