People v. Hobson

Full title: The People of the State of New York, respondent, v. Fitzroy Hobson…

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

Date published: Aug 12, 2015

2015 N.Y. Slip Op. 6518 (N.Y. App. Div. 2015)

Opinion

2013-02263

08-12-2015

The People of the State of New York, respondent, v. Fitzroy Hobson, appellant.

Lynn W. L. Fahey, New York, N.Y. (Kathleen Whooley of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Joyce Slevin of counsel; Gregory Musso on the memorandum), for respondent.

RANDALL T. ENG, P.J.

RUTH C. BALKIN

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

COLLEEN D. DUFFY, JJ. (Ind. No. 2265/10)

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

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Joyce Slevin of counsel; Gregory Musso on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Walsh, J.), imposed February 15, 2012, 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; People v Brown, 122 AD3d 133) 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., BALKIN, DICKERSON, CHAMBERS and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court