People v. Bostic

Full title: The People of the State of New York, respondent, v. Darryl Bostic…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Feb 25, 2015

2015 N.Y. Slip Op. 1658 (N.Y. App. Div. 2015)

Opinion

2011-05586

02-25-2015

The People of the State of New York, respondent, v. Darryl Bostic, appellant.

Seymour W. James, Jr., New York, N.Y. (Heidi Bota of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel; Robert Ho on the memorandum), for respondent.

RANDALL T. ENG, P.J.

RUTH C. BALKIN

THOMAS A. DICKERSON

SYLVIA O. HINDS-RADIX, JJ. (Ind. No. 4266/10)

Seymour W. James, Jr., New York, N.Y. (Heidi Bota of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel; Robert Ho on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (D'Emic, J.), imposed May 18, 2011, upon his conviction of attempted arson in the third degree, upon his plea of guilty.

ORDERED that the sentence is affirmed.

Under the circumstances of this case, the defendant's waiver of the right to appeal does not bar review of the sentence that was ultimately imposed (see People v Maracle, 19 NY3d 925, 927; People v Arney, 120 AD3d 949). Nonetheless, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

ENG, P.J., BALKIN, DICKERSON and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court