Opinion
07-22-2015
The PEOPLE, etc., respondent, v. Anthony HOLLOWAY, appellant.
Seymour W. James, Jr., New York, N.Y. (Adrienne Gantt of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Joyce Adolfsen of counsel; Gregory Musso on the memorandum), for respondent.
Seymour W. James, Jr., New York, N.Y. (Adrienne Gantt of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Joyce Adolfsen of counsel; Gregory Musso on the memorandum), for respondent.
Opinion
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed January 3, 2012, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's 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. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Armstrong, 127 A.D.3d 1100, 1101, 5 N.Y.S.3d 890 ) 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., SKELOS, AUSTIN, ROMAN and DUFFY, JJ., concur.