Opinion
02-08-2017
The PEOPLE, etc., respondent, v. Souvik BASU, appellant.
Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant, and appellant pro se. Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Kristen A. Carroll of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant, and appellant pro se.
Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Kristen A. Carroll of counsel), for respondent.
Appeals by the defendant from two judgments of the Supreme Court, Kings County (Firetog, J.), both rendered May 24, 2012, convicting him of criminal possession of a weapon in the second degree, under Indictment No. 11826/08, and manslaughter in the first degree, criminal possession of a weapon in the second degree, and assault in the second degree (two counts), under Indictment No. 4055/09, upon his pleas of guilty, and imposing sentences. The appeal from the judgment under Indictment No. 4055/09 brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress identification testimony.
ORDERED that the judgments are affirmed.
The defendant's waiver of his right to appeal was invalid (see People v. Innocent, 132 A.D.3d 696, 17 N.Y.S.3d 505 ).
However, the defendant's contention that the lineups were unduly suggestive is partially unpreserved for appellate review and, in any event, without merit (see People v. Speaks, 124 A.D.3d 689, 690, 1 N.Y.S.3d 257, affd. 28 N.Y.3d 990, 42 N.Y.S.3d 644, 65 N.E.3d 673 ; People v. Villacreses, 12 A.D.3d 624, 625, 785 N.Y.S.2d 103 ).
The sentences imposed were not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
The defendant's remaining contention, raised in his pro se supplemental brief, is without merit.
DILLON, J.P., HALL, HINDS–RADIX and BRATHWAITE NELSON, JJ., concur.