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People v. Agyepong

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Sep 13, 2017
2017 N.Y. Slip Op. 6447 (N.Y. App. Div. 2017)

Opinion

2015-03913

09-13-2017

The People of the State of New York, respondent, v. Elijah Agyepong, appellant.

Lynn W. L. Fahey, New York, NY (Lauren E. Jones of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Merri Turk Lasky of counsel; Victoria Randall on the memorandum), for respondent.


CHERYL E. CHAMBERS SHERI S. ROMAN JEFFREY A. COHEN SYLVIA O. HINDS-RADIX, JJ. (S.C.I. No. 1573/14)

Lynn W. L. Fahey, New York, NY (Lauren E. Jones of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Merri Turk Lasky of counsel; Victoria Randall on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Chin-Brandt, J.), imposed March 16, 2015, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Taking into account all of the relevant facts and circumstances surrounding the purported waiver of the defendant's right to appeal, we find that it was invalid (see People v Seaberg , 74 NY2d 1, 11). However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

ENG, P.J., CHAMBERS, ROMAN, COHEN and HINDS-RADIX, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Agyepong

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Sep 13, 2017
2017 N.Y. Slip Op. 6447 (N.Y. App. Div. 2017)
Case details for

People v. Agyepong

Case Details

Full title:The People of the State of New York, respondent, v. Elijah Agyepong…

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

Date published: Sep 13, 2017

Citations

2017 N.Y. Slip Op. 6447 (N.Y. App. Div. 2017)