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People v. Badru

Supreme Court, Appellate Division, Second Department, New York.
Sep 26, 2012
98 A.D.3d 1132 (N.Y. App. Div. 2012)

Opinion

2012-09-26

The PEOPLE, etc., respondent, v. Kazeem BADRU, appellant.

Lynn W.L. Fahey, New York, N.Y., for appellant. Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.


Lynn W.L. Fahey, New York, N.Y., for appellant. Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Rienzi, J.), imposed April 28, 2011, upon his plea of guilty, 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, 938 N.Y.S.2d 254, 961 N.E.2d 645;People v. DeSimone, 80 N.Y.2d 273, 283, 590 N.Y.S.2d 46, 604 N.E.2d 108), 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, 455 N.Y.S.2d 675).

MASTRO, A.P.J., ANGIOLILLO, DICKERSON and HALL, JJ., concur.


Summaries of

People v. Badru

Supreme Court, Appellate Division, Second Department, New York.
Sep 26, 2012
98 A.D.3d 1132 (N.Y. App. Div. 2012)
Case details for

People v. Badru

Case Details

Full title:The PEOPLE, etc., respondent, v. Kazeem BADRU, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Sep 26, 2012

Citations

98 A.D.3d 1132 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 6304
950 N.Y.S.2d 711

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