People v. Rojas

Full title: The People of the State of New York, respondent, v. David Rojas, appellant.

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

Date published: Jun 3, 2015

2015 N.Y. Slip Op. 4670 (N.Y. App. Div. 2015)

Opinion

2014-01543

06-03-2015

The People of the State of New York, respondent, v. David Rojas, appellant.

Lynn W. L. Fahey, New York, N.Y., for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Deborah A. Brenner of counsel), for respondent.

RANDALL T. ENG, P.J.

MARK C. DILLON

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ. (Ind. No. 1853/09)

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

Zachary W. Carter, Corporation Counsel, New York, N.Y. (Deborah A. Brenner of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from an amended resentence of the Supreme Court, Kings County (Morgenstern, J.), imposed March 17, 2014, on the ground that the amended resentence was excessive. The defendant's notice of appeal from a resentence of the same court imposed January 28, 2014, is deemed a premature notice of appeal from the amended resentence imposed March 17, 2014 (see CPL 460.10[b]).

ORDERED that the amended resentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 265). However, the amended resentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

ENG, P.J., DILLON, LEVENTHAL, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court