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People v. Johnson

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 25, 2018
2018 N.Y. Slip Op. 2806 (N.Y. App. Div. 2018)

Opinion

2016-02047

04-25-2018

The People of the State of New York, respondent, v. William L. Johnson, appellant.

Paul Skip Laisure, New York, NY, for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Max Lubin on the memorandum), for respondent.


REINALDO E. RIVERA LEONARD B. AUSTIN JEFFREY A. COHEN BETSY BARROS, JJ. (Ind. No. 501/14)

Paul Skip Laisure, New York, NY, for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Max Lubin on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Deborah Stevens Modica, J.), imposed March 24, 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 NY3d 257, 265; People v Rennick, 123 AD3d 1146; People v Reyes, 121 AD3d 820; People v Coleman, 116 AD3d 708) 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).

SCHEINKMAN, P.J., RIVERA, AUSTIN, COHEN and BARROS, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Johnson

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 25, 2018
2018 N.Y. Slip Op. 2806 (N.Y. App. Div. 2018)
Case details for

People v. Johnson

Case Details

Full title:The People of the State of New York, respondent, v. William L. Johnson…

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

Date published: Apr 25, 2018

Citations

2018 N.Y. Slip Op. 2806 (N.Y. App. Div. 2018)