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People v. Drain

Supreme Court, Appellate Division, Second Department, New York.
Dec 27, 2017
156 A.D.3d 900 (N.Y. App. Div. 2017)

Opinion

2016–03472 Ind. No. 6644/15

12-27-2017

The PEOPLE, etc., respondent, v. Lanod DRAIN, appellant.

Paul Skip Laisure, New York, N.Y. (Anna Kou of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Appelbaum of counsel; Robert Ho on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Anna Kou of counsel), for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Appelbaum of counsel; Robert Ho on the memorandum), for respondent.

RANDALL T. ENG, P.J., CHERYL E. CHAMBERS, SANDRA L. SGROI, JOSEPH J. MALTESE, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (D'Emic, J.), imposed March 16, 2016, 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. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297, People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ) 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., CHAMBERS, SGROI, MALTESE and CONNOLLY, JJ., concur.


Summaries of

People v. Drain

Supreme Court, Appellate Division, Second Department, New York.
Dec 27, 2017
156 A.D.3d 900 (N.Y. App. Div. 2017)
Case details for

People v. Drain

Case Details

Full title:The PEOPLE, etc., respondent, v. Lanod DRAIN, appellant.

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

Date published: Dec 27, 2017

Citations

156 A.D.3d 900 (N.Y. App. Div. 2017)
156 A.D.3d 900