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People v. Bushuyeva

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 15, 2015
2015 N.Y. Slip Op. 6161 (N.Y. App. Div. 2015)

Opinion

2012-09658 2012-09659 2013-06924

07-15-2015

The People of the State of New York, respondent, v. Yulia Bushuyeva, appellant. (S.C.I. Nos. 1270/12, 1272/12, 1273/12)

Lynn W. L. Fahey, New York, N.Y. (Mark W. Vorkink of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Laura T. Ross of counsel; Deanna Russo on the memorandum), for respondent.


REINALDO E. RIVERA

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

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

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Laura T. Ross of counsel; Deanna Russo on the memorandum), for respondent.

DECISION & ORDER

Appeals by the defendant, as limited by her motion, from three sentences of the Supreme Court, Queens County (Chin-Brandt, J.), all imposed June 25, 2012, on the ground that the sentences were excessive.

ORDERED that the sentences are affirmed.

The defendant's purported waiver of her right to appeal was invalid (see People v Bradshaw, 18 NY3d 257; People v Lopez, 6 NY3d 248; People v Santana, 122 AD3d 949; People v Contreras, 112 AD3d 649) and, thus, does not preclude review of her excessive sentence claim. However, the sentences imposed were not excessive (see People v Suitte, 90 AD2d 80).

ENG, P.J., RIVERA, HALL, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Bushuyeva

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 15, 2015
2015 N.Y. Slip Op. 6161 (N.Y. App. Div. 2015)
Case details for

People v. Bushuyeva

Case Details

Full title:The People of the State of New York, respondent, v. Yulia Bushuyeva…

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

Date published: Jul 15, 2015

Citations

2015 N.Y. Slip Op. 6161 (N.Y. App. Div. 2015)