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People v. Miller

Supreme Court, Appellate Division, Second Department, New York.
Apr 1, 2015
127 A.D.3d 787 (N.Y. App. Div. 2015)

Opinion

2015-04-01

The PEOPLE, etc., respondent, v. Phillip MILLER, appellant.

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


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

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Chun, J.), imposed January 29, 2013, 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 and, thus, does not preclude review of his excessive sentence claim ( see People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145). 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, LEVENTHAL, ROMAN and DUFFY, JJ., concur.


Summaries of

People v. Miller

Supreme Court, Appellate Division, Second Department, New York.
Apr 1, 2015
127 A.D.3d 787 (N.Y. App. Div. 2015)
Case details for

People v. Miller

Case Details

Full title:The PEOPLE, etc., respondent, v. Phillip MILLER, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Apr 1, 2015

Citations

127 A.D.3d 787 (N.Y. App. Div. 2015)
127 A.D.3d 787
2015 N.Y. Slip Op. 2788

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