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People v. Murphy

Supreme Court of New York, Second Department

January 15, 2014

The People of the State of New York, respondent,
v.
Curtis Murphy, appellant. Ind. No. 2343/09

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

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Daniel Bresnahan of counsel; Andrew Dykens on the memorandum), for respondent.

RANDALL T. ENG, P.J., PETER B. SKELOS, SHERI S. ROMAN, JEFFREY A. COHEN, SYLVIA O. HINDS-RADIX, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Aloise, J.), imposed October 18, 2011, 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, contrary to the defendant's contention, the sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).

ENG, P.J., SKELOS, ROMAN, COHEN, and HINDS-RADIX, JJ., concur.


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