From Casetext: Smarter Legal Research

People v. Blair

Supreme Court, Appellate Division, Second Department, New York.
Oct 18, 2017
154 A.D.3d 872 (N.Y. App. Div. 2017)

Opinion

10-18-2017

The PEOPLE, etc., respondent, v. Duvall BLAIR, appellant.

Paul Skip Laisure, New York, NY (Leila Hull of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Jill Oziemblewski of counsel; Owen–Miguel Kavanagh on the memorandum), for respondent.


Paul Skip Laisure, New York, NY (Leila Hull of counsel), for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Jill Oziemblewski of counsel; Owen–Miguel Kavanagh on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Ferdinand, J.), imposed May 12, 2015, 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 (see People v. Maracle, 19 N.Y.3d 925, 950 N.Y.S.2d 498, 973 N.E.2d 1272 ; People v. Minnerly, 127 A.D.3d 788, 4 N.Y.S.3d 538 ) and, thus, does not preclude review of his excessive sentence claim. 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., BALKIN, ROMAN, HINDS–RADIX and BRATHWAITE NELSON, JJ., concur.


Summaries of

People v. Blair

Supreme Court, Appellate Division, Second Department, New York.
Oct 18, 2017
154 A.D.3d 872 (N.Y. App. Div. 2017)
Case details for

People v. Blair

Case Details

Full title:The PEOPLE, etc., respondent, v. Duvall BLAIR, appellant.

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

Date published: Oct 18, 2017

Citations

154 A.D.3d 872 (N.Y. App. Div. 2017)
62 N.Y.S.3d 283