Opinion
2011-11-29
The PEOPLE, etc., respondent, v. Kerri WATTS, appellant.
Lynn W.L. Fahey, New York, N.Y., for appellant. Charles J. Hynes, 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., for appellant. Charles J. Hynes, 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 (Del Giudice, J.), imposed May 5, 2010, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
Under the circumstances of this case, the defendant's waiver of the right to appeal does not foreclose her right to challenge the sentence ultimately imposed ( see People v. Banchs, 22 A.D.3d 595, 801 N.Y.S.2d 760; People v. Eldridge, 8 A.D.3d 294, 295, 777 N.Y.S.2d 668). Nevertheless, the sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).