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People v. Johnson

Supreme Court of New York, Second Department

September 25, 2013

The People of the State of New York, respondent,
v.
Atiba Johnson, appellant. (S.C.I.. Nos. 3540/07, 3456/07)

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

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Robert Ho on the memorandum), for respondent.

RANDALL T. ENG, P.J., REINALDO E. RIVERA, JOHN M. LEVENTHAL, SANDRA L. SGROI, JJ.

DECISION & ORDER

Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Kings County (Garnett, J.), both imposed on October 14, 2010, upon his pleas of guilty, on the ground that the sentences were excessive.

ORDERED that the sentences are affirmed.

The defendant's purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 N.Y.3d 257, 267; People v Lopez, 6 N.Y.3d 248, 257) and, thus, does not preclude review of his excessive sentence claims. However, contrary to the defendant's contentions, the sentences imposed were not excessive (see People v Suitte, 90 A.D.2d 80).

ENG, P.J., RIVERA, LEVENTHAL and SGROI, JJ., concur.


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