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People v. Agyepong

Supreme Court, Appellate Division, Second Department, New York.
Sep 13, 2017
153 A.D.3d 1268 (N.Y. App. Div. 2017)

Opinion

09-13-2017

The PEOPLE, etc., 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.


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.

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 N.Y.2d 1, 11, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ). 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., CHAMBERS, ROMAN, COHEN and HINDS–RADIX, JJ., concur.


Summaries of

People v. Agyepong

Supreme Court, Appellate Division, Second Department, New York.
Sep 13, 2017
153 A.D.3d 1268 (N.Y. App. Div. 2017)
Case details for

People v. Agyepong

Case Details

Full title:The PEOPLE, etc., respondent, v. Elijah AGYEPONG, appellant.

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

Date published: Sep 13, 2017

Citations

153 A.D.3d 1268 (N.Y. App. Div. 2017)
153 A.D.3d 1268