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People v. Jeffrey

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jun 3, 2015
2015 N.Y. Slip Op. 4666 (N.Y. App. Div. 2015)

Opinion

2013-08523

06-03-2015

The People of the State of New York, respondent, v. Darius Jeffrey, appellant.

Lynn W. L. Fahey, New York, N.Y., for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Seth M. Lieberman of counsel; Robert Ho on the memorandum), for respondent.


RUTH C. BALKIN

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX, JJ. (Ind. No. 4882/12)

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

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Seth M. Lieberman of counsel; Robert Ho 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 (Arriaga, J.), imposed August 1, 2013, 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 HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Jeffrey

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jun 3, 2015
2015 N.Y. Slip Op. 4666 (N.Y. App. Div. 2015)
Case details for

People v. Jeffrey

Case Details

Full title:The People of the State of New York, respondent, v. Darius Jeffrey…

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

Date published: Jun 3, 2015

Citations

2015 N.Y. Slip Op. 4666 (N.Y. App. Div. 2015)