Opinion
2012-11-14
The PEOPLE, etc., respondent, v. Todd HOLLMAN, appellant.
Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel; Apeksha Vora on the memorandum), for respondent.
Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel; Apeksha Vora on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Walsh J.), imposed March 18, 2010, as amended March 22, 2010.
ORDERED that the sentence is affirmed.
Under the circumstances of this case, the defendant's waiver of his right to appeal was not valid ( see People v. Callahan, 80 N.Y.2d 273, 590 N.Y.S.2d 46, 604 N.E.2d 108;People v. Hassan, 88 A.D.3d 740, 930 N.Y.S.2d 603;People v. Monsuri, 83 A.D.3d 870, 920 N.Y.S.2d 677;cf. People v. Ellis, 69 A.D.3d 756, 891 N.Y.S.2d 661). Nevertheless, the defendant's contention that the sentence imposed was excessive is without merit ( see People v. Headspeth, 78 A.D.3d 1418, 911 N.Y.S.2d 264;People v. Butler, 49 A.D.3d 894, 854 N.Y.S.2d 506;People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
The defendant's remaining contention is unpreserved for appellate review ( see People v. Foster, 87 A.D.3d 299, 304, 927 N.Y.S.2d 92).