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People v. Elliott

Supreme Court of New York, Second Department

February 5, 2014

The People of the State of New York, respondent,
v.
David Elliott, appellant. Ind. No. 10709/09

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

Zachary W. Carter, Corporation Counsel, New York, N.Y. (Janet Zaleon of counsel), for respondent.

WILLIAM F. MASTRO, J.P. L. PRISCILLA HALL, LEONARD B. AUSTIN, SANDRA L. SGROI, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from an amended sentence of the Supreme Court, Kings County (D'Emic, J.), dated July 29, 2011, revoking a sentence of probation previously imposed by the same court, upon a finding that he violated a condition thereof, after a hearing, and imposing a term of imprisonment upon his previous conviction of criminal contempt in the first degree, on the ground that the amended sentence is excessive.

ORDERED that the amended sentence is affirmed.

The defendant's purported waiver of the right to appeal was invalid (see People v Lopez, 6 N.Y.3d 248, 257; People v Floyd, ___ A.D.3d ___, 2013 NY Slip Op 08655 [2d Dept 2013]), and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant's contention, the amended sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).

MASTRO, J.P., HALL, AUSTIN and SGROI, JJ., concur.


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