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People v. Jimboy

Supreme Court of New York, Second Department

February 5, 2014

The People of the State of New York, respondent,
v.
Cory D. Jimboy, appellant. Ind. No. 2816-09

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for respondent.

RANDALL T. ENG, P.J., MARK C. DILLON, JEFFREY A. COHEN, SYLVIA O. HINDS-RADIX, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Iliou, J.), imposed November 8, 2012, 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 Lopez, 6 N.Y.3d 248, 256) 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., DILLON, COHEN and HINDS-RADIX, JJ., concur.


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