People v. Sattan

Full title: The People of the State of New York, respondent, v. Jimmy Sattan…

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

Date published: Jun 3, 2015

2015 N.Y. Slip Op. 4671 (N.Y. App. Div. 2015)

Opinion

2013-02707

06-03-2015

The People of the State of New York, respondent, v. Jimmy Sattan, 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 Amy Appelbaum of counsel), for respondent.

RANDALL T. ENG, P.J.

PETER B. SKELOS

JOHN M. LEVENTHAL

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ. (Ind. No. 7524/12)

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 Amy Appelbaum of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a sentence of the Supreme Court, Kings County (Chun, J.), imposed February 20, 2013, 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 Brown, 122 AD3d 133, 137-138; People v Bradshaw, 76 AD3d 566, 569), and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

ENG, P.J., SKELOS, LEVENTHAL, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court