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People v. Jeffrey

Supreme Court, Appellate Division, Second Department, New York.
Jun 3, 2015
129 A.D.3d 745 (N.Y. App. Div. 2015)

Opinion

06-03-2015

The PEOPLE, etc., respondent, v. Darius JEFFREY, appellant.

Lynn W.L. Fahey, New York, N.Y., for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Seth M. Lieberman of counsel; Robert Ho on the memorandum), for respondent.


Lynn W.L. Fahey, New York, N.Y., for appellant.

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

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Arriaga, J.), imposed August 1, 2013, 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, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ) 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 ).

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


Summaries of

People v. Jeffrey

Supreme Court, Appellate Division, Second Department, New York.
Jun 3, 2015
129 A.D.3d 745 (N.Y. App. Div. 2015)
Case details for

People v. Jeffrey

Case Details

Full title:The PEOPLE, etc., respondent, v. Darius JEFFREY, appellant.

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

Date published: Jun 3, 2015

Citations

129 A.D.3d 745 (N.Y. App. Div. 2015)
2015 N.Y. Slip Op. 4666
8 N.Y.S.3d 920