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People v. Lightfoot

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 3, 2014
2014 N.Y. Slip Op. 8458 (N.Y. App. Div. 2014)

Opinion

2013-03940

12-03-2014

The People of the State of New York, respondent, v. Jermaine Lightfoot, appellant. (S.C.I. No. 10249/12)

Lynn W. L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel), for respondent.


WILLIAM F. MASTRO

THOMAS A. DICKERSON

JOHN M. LEVENTHAL, JJ.

Lynn W. L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Mullings, J.), imposed June 28, 2012, upon his conviction of criminal possession of a controlled substance in the fourth degree, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's purported waiver of the right to appeal was invalid (see People v Bradshaw, 18 NY3d 257; People v Lopez, 6 NY3d 248; People v Brown, 122 AD3d 133), 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., MASTRO, DICKERSON and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Lightfoot

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 3, 2014
2014 N.Y. Slip Op. 8458 (N.Y. App. Div. 2014)
Case details for

People v. Lightfoot

Case Details

Full title:The People of the State of New York, respondent, v. Jermaine Lightfoot…

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

Date published: Dec 3, 2014

Citations

2014 N.Y. Slip Op. 8458 (N.Y. App. Div. 2014)