From Casetext: Smarter Legal Research

People v. Armstrong

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 22, 2015
2015 N.Y. Slip Op. 3376 (N.Y. App. Div. 2015)

Opinion

2013-10249 Ind. No. 9491/11

04-22-2015

The People of the State of New York, respondent, v. Ivan Armstrong, appellant.

Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel; Gregory Musso on the memorandum), for respondent.


MARK C. DILLON

JOHN M. LEVENTHAL

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel; Gregory Musso 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 (Murphy, J.), imposed March 15, 2013, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 265; People v Rennick, 123 AD3d 1146; People v Reyes, 121 AD3d 820; People v Coleman, 116 AD3d 708) 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., DILLON, LEVENTHAL, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Armstrong

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 22, 2015
2015 N.Y. Slip Op. 3376 (N.Y. App. Div. 2015)
Case details for

People v. Armstrong

Case Details

Full title:The People of the State of New York, respondent, v. Ivan Armstrong…

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

Date published: Apr 22, 2015

Citations

2015 N.Y. Slip Op. 3376 (N.Y. App. Div. 2015)