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People v. Bovian

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 15, 2017
2017 N.Y. Slip Op. 1878 (N.Y. App. Div. 2017)

Opinion

2015-00223

03-15-2017

The People of the State of New York, respondent, v. Lenny Bovian, appellant.

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


JOHN M. LEVENTHAL JEFFREY A. COHEN HECTOR D. LASALLE BETSY BARROS, JJ. (Ind. No. 5324/13)

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

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Victor Barall 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 (Gubbay, J.), imposed November 21, 2014, 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 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., LEVENTHAL, COHEN, LASALLE and BARROS, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Bovian

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 15, 2017
2017 N.Y. Slip Op. 1878 (N.Y. App. Div. 2017)
Case details for

People v. Bovian

Case Details

Full title:The People of the State of New York, respondent, v. Lenny Bovian…

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

Date published: Mar 15, 2017

Citations

2017 N.Y. Slip Op. 1878 (N.Y. App. Div. 2017)