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People v. Friscia

Supreme Court, Appellate Division, Second Department, New York.
Jun 19, 2013
107 A.D.3d 914 (N.Y. App. Div. 2013)

Opinion

2013-06-19

The PEOPLE, etc., respondent, v. Christopher FRISCIA, appellant.

Lynn W.L. Fahey, New York, N.Y., for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel; Gregory Musso on the memorandum), for respondent.


Lynn W.L. Fahey, New York, N.Y., for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel; Gregory Musso on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Chun, J.), imposed March 7, 2012, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

As the People correctly concede, the defendant's purported waiver of his right to appeal was invalid ( see People v. Bradshaw, 18 N.Y.3d 257, 265, 938 N.Y.S.2d 254, 961 N.E.2d 645;People v. DeSimone, 80 N.Y.2d 273, 283, 590 N.Y.S.2d 46, 604 N.E.2d 108) 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., ANGIOLILLO, BALKIN and HALL, JJ., concur.


Summaries of

People v. Friscia

Supreme Court, Appellate Division, Second Department, New York.
Jun 19, 2013
107 A.D.3d 914 (N.Y. App. Div. 2013)
Case details for

People v. Friscia

Case Details

Full title:The PEOPLE, etc., respondent, v. Christopher FRISCIA, appellant.

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

Date published: Jun 19, 2013

Citations

107 A.D.3d 914 (N.Y. App. Div. 2013)
966 N.Y.S.2d 867
2013 N.Y. Slip Op. 4622