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People v. Hill

Supreme Court, Appellate Division, Second Department, New York.
Jul 20, 2016
141 A.D.3d 675 (N.Y. App. Div. 2016)

Opinion

07-20-2016

The PEOPLE, etc., respondent, v. Ronald HILL, appellant.

Lynn W.L. Fahey, New York, N.Y., for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; David Choi on the memorandum), for respondent.


Lynn W.L. Fahey, New York, N.Y., for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; David Choi on the memorandum), for respondent.

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Sciarrino, Jr., J.), imposed April 27, 2015, 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 N.Y.3d 257, 265, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Callahan, 80 N.Y.2d 273, 283, 590 N.Y.S.2d 46, 604 N.E.2d 108 ; People v. Brown, 122 A.D.3d 133, 140, 992 N.Y.S.2d 297 ) 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., MASTRO, HALL, SGROI and MILLER, JJ., concur.


Summaries of

People v. Hill

Supreme Court, Appellate Division, Second Department, New York.
Jul 20, 2016
141 A.D.3d 675 (N.Y. App. Div. 2016)
Case details for

People v. Hill

Case Details

Full title:The PEOPLE, etc., respondent, v. Ronald HILL, appellant.

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

Date published: Jul 20, 2016

Citations

141 A.D.3d 675 (N.Y. App. Div. 2016)
2016 N.Y. Slip Op. 5581
34 N.Y.S.3d 904