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People v. Ellis

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jan 11, 2017
2017 N.Y. Slip Op. 184 (N.Y. App. Div. 2017)

Opinion

2014-07275

01-11-2017

The People of the State of New York, respondent, v. Donald Ellis, appellant.

Lynn W. L. Fahey, New York, NY (Paul Skip Laisure of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Christopher Blira-Koessler of counsel; Jacob Wells on the memorandum), for respondent.


L. PRISCILLA HALL JEFFREY A. COHEN HECTOR D. LASALLE FRANCESCA E. CONNOLLY, JJ. (S.C.I. No. 1027/14)

Lynn W. L. Fahey, New York, NY (Paul Skip Laisure of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Christopher Blira-Koessler of counsel; Jacob Wells on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Mullings, J.), imposed May 29, 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) 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., HALL, COHEN, LASALLE and CONNOLLY, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Ellis

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jan 11, 2017
2017 N.Y. Slip Op. 184 (N.Y. App. Div. 2017)
Case details for

People v. Ellis

Case Details

Full title:The People of the State of New York, respondent, v. Donald Ellis…

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

Date published: Jan 11, 2017

Citations

2017 N.Y. Slip Op. 184 (N.Y. App. Div. 2017)