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People v. Blount

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Sep 20, 2017
2017 N.Y. Slip Op. 6542 (N.Y. App. Div. 2017)

Opinion

2015-08287

09-20-2017

The People of the State of New York, respondent, v. Tyree Blount, appellant.

Lynn W. L. Fahey, New York, NY, for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Seth M. Lieberman of counsel; Robert Ho on the memorandum), for respondent.


L. PRISCILLA HALL HECTOR D. LASALLE FRANCESCA E. CONNOLLY VALERIE BRATHWAITE NELSON, JJ. (Ind. No. 8218/14)

Lynn W. L. Fahey, New York, NY, for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Seth M. Lieberman of counsel; Robert Ho 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 July 7, 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, as the record fails to establish that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Bradshaw, 18 NY3d 257, 272-273; People v Lopez, 6 NY3d 248, 256). However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

ENG, P.J., HALL, LASALLE, CONNOLLY and BRATHWAITE NELSON, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Blount

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Sep 20, 2017
2017 N.Y. Slip Op. 6542 (N.Y. App. Div. 2017)
Case details for

People v. Blount

Case Details

Full title:The People of the State of New York, respondent, v. Tyree Blount…

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

Date published: Sep 20, 2017

Citations

2017 N.Y. Slip Op. 6542 (N.Y. App. Div. 2017)