Opinion
11-02-2016
The PEOPLE, etc., respondent, v. Dijon MARTIN, appellant.
Seymour W. James, Jr., New York, N.Y. (Joanne Legano Ross of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Fay Ng and Antonella Karlin of counsel), for respondent.
Seymour W. James, Jr., New York, N.Y. (Joanne Legano Ross of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Fay Ng and Antonella Karlin of counsel), for respondent.
Appeal by the defendant from an amended judgment of the Supreme Court, Queens County (Wong J.), rendered January 2, 2014, revoking a sentence of probation previously imposed by the same court (Kohm, J.), upon a finding that he violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of grand larceny in the second degree.
ORDERED that the amended judgment is affirmed.Under the circumstances of this case, the defendant's waiver of the right to appeal does not preclude review of his claim that the sentence of imprisonment imposed was excessive (see People v. Maracle, 19 N.Y.3d 925, 950 N.Y.S.2d 498, 973 N.E.2d 1272 ; People v. Johnson, 14 N.Y.3d 483, 903 N.Y.S.2d 299, 929 N.E.2d 361 ). However, contrary to the defendant's contention, the sentence of imprisonment imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
The defendant's remaining contention is without merit.
RIVERA, J.P., AUSTIN, SGROI and DUFFY, JJ., concur.