People v. Rosas

Full title: The People of the State of New York, respondent, v. Jonathan Rosas…

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

Date published: Jul 8, 2015

2015 N.Y. Slip Op. 5967 (N.Y. App. Div. 2015)

Opinion

2013-05033

07-08-2015

The People of the State of New York, respondent, v. Jonathan Rosas, appellant.

Lynn W. L. Fahey, New York, N.Y., for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Adam M. Koelsch of counsel; Gregory Musso on the memorandum), for respondent.

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ. (Index No. 6321/12)

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

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Adam M. Koelsch of counsel; Gregory Musso on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Chun, J.), imposed March 18, 2013, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 265) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (People v Suitte, 90 AD2d 80).

ENG, P.J., RIVERA, HALL, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court