People v. Miller

Full title: The People of the State of New York, respondent, v. Phillip Miller…

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

Date published: Apr 1, 2015

2015 N.Y. Slip Op. 2788 (N.Y. App. Div. 2015)

Opinion

2013-04487 Ind. No. 7103/11

04-01-2015

The People of the State of New York, respondent, v. Phillip Miller, appellant.

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

RANDALL T. ENG, P.J.

PETER B. SKELOS

JOHN M. LEVENTHAL

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen 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 (Chun, J.), imposed January 29, 2013, 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 his right to appeal was invalid and, thus, does not preclude review of his excessive sentence claim (see People v Lopez, 6 NY3d 248). However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

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

ENTER:

Aprilanne Agostino

Clerk of the Court