People v. Baker

Full title: The People of the State of New York, respondent, v. Colin Baker, appellant.

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

Date published: Oct 4, 2017

2017 N.Y. Slip Op. 6950 (N.Y. App. Div. 2017)

Opinion

2015-05038

10-04-2017

The People of the State of New York, respondent, v. Colin Baker, appellant.

Paul Skip Laisure, New York, NY (Kendra L. Hutchinson of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Thomas M. Ross of counsel; Daniel Morales on the memorandum), for respondent.

RANDALL T. ENG, P.J.

CHERYL E. CHAMBERS SANDRA L. SGROI JOSEPH J. MALTESE FRANCESCA E. CONNOLLY, JJ. (Ind. No. 5418/12)

Paul Skip Laisure, New York, NY (Kendra L. Hutchinson of counsel), for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Thomas M. Ross of counsel; Daniel Morales 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 (Harrington, J.), imposed May 14, 2015, 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 (see People v Lopez, 6 NY3d 248, 256; People v Ayala, 112 AD3d 646), 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, 86).

ENG, P.J., CHAMBERS, SGROI, MALTESE and CONNOLLY, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court