People v. Holloway

Full title: The People of the State of New York, respondent, v. Anthony Holloway…

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

Date published: Jul 22, 2015

2015 N.Y. Slip Op. 6256 (N.Y. App. Div. 2015)

Opinion

2012-02411

07-22-2015

The People of the State of New York, respondent, v. Anthony Holloway, appellant.

Seymour W. James, Jr., New York, N.Y. (Adrienne Gantt of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Joyce Adolfsen of counsel; Gregory Musso on the memorandum), for respondent.

RANDALL T. ENG, P.J.

PETER B. SKELOS

LEONARD B. AUSTIN

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ. (Ind. No. 6344/11)

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

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Joyce Adolfsen of counsel; Gregory Musso 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 (Murphy, J.), imposed January 3, 2012, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 265; People v Lopez, 6 NY3d 248, 256-257; People v Armstrong, 127 AD3d 1100, 1101) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

ENG, P.J., SKELOS, AUSTIN, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court