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People v. Williams

Supreme Court, Appellate Division, Second Department, New York.
Feb 1, 2017
147 A.D.3d 792 (N.Y. App. Div. 2017)

Opinion

02-01-2017

The PEOPLE, etc., respondent, v. Jerry WILLIAMS, also known as Leroy Smith, appellant.

Lynn W.L. Fahey, New York, NY, for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Robert Ho on the memorandum), for respondent.


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

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy 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 (W. Miller, J.), imposed April 22, 2014, upon his plea of guilty, 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. Bradshaw, 18 N.Y.3d 257, 267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Brown, 122 A.D.3d 133, 145, 992 N.Y.S.2d 297 ), and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

ENG, P.J., AUSTIN, ROMAN, MALTESE and DUFFY, JJ., concur.


Summaries of

People v. Williams

Supreme Court, Appellate Division, Second Department, New York.
Feb 1, 2017
147 A.D.3d 792 (N.Y. App. Div. 2017)
Case details for

People v. Williams

Case Details

Full title:The PEOPLE, etc., respondent, v. Jerry WILLIAMS, also known as Leroy…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Feb 1, 2017

Citations

147 A.D.3d 792 (N.Y. App. Div. 2017)
2017 N.Y. Slip Op. 672
45 N.Y.S.3d 804

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