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People v. Ribner

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Sep 27, 2017
2017 N.Y. Slip Op. 6667 (N.Y. App. Div. 2017)

Opinion

2016-03896

09-27-2017

The People of the State of New York, respondent, v. Jason Ribner, appellant.

Lynn W. L. Fahey, New York, NY, for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Emily Sun on the memorandum), for respondent.


MARK C. DILLON ROBERT J. MILLER SYLVIA O. HINDS-RADIX ANGELA G. IANNACCI, JJ. (S.C.I. No. 33/15)

Lynn W. L. Fahey, New York, NY, for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Emily Sun 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 (Melendez, J.), imposed March 21, 2016, 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 Flores, 139 AD3d 753). Thus, the purported waiver does not preclude review of the defendant's excessive sentence claim (see People v Lopez, 6 NY3d 248, 257). Nevertheless, contrary to the defendant's contention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

ENG, P.J., DILLON, MILLER, HINDS-RADIX and IANNACCI, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Ribner

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Sep 27, 2017
2017 N.Y. Slip Op. 6667 (N.Y. App. Div. 2017)
Case details for

People v. Ribner

Case Details

Full title:The People of the State of New York, respondent, v. Jason Ribner…

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

Date published: Sep 27, 2017

Citations

2017 N.Y. Slip Op. 6667 (N.Y. App. Div. 2017)