The People, etc., respondent, v. James Wright, appellant. (2011)

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

The People, etc., respondent, v. James Wright, appellant.

2010–07666 2010–07667 2010–07668 (Ind.Nos. 2653 /06, 1236 /07, 3580 /07)

Decided: November 09, 2011

PETER B. SKELOS, J.P. L. PRISCILLA HALL PLUMMER E. LOTT SHERI S. ROMAN, JJ.

Lynn W.L. Fahey, New York, N.Y., for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Maria Park of counsel; Tiffany L. Henry on the brief), for respondent.

Submitted—October 17, 2011

DECISION & ORDER

Appeals by the defendant from three resentences of the Supreme Court, Kings County (DiMango, J.), all imposed August 4, 2010, upon his convictions of grand larceny in the third degree (three counts, one as to each indictment), upon his pleas of guilty.

ORDERED that the resentences are affirmed.

The defendant's purported waiver of his right to appeal was ineffective (see People v. Grant, 83 AD3d 862, 863; People v. Bradshaw, 76 AD3d 566, 569–570, lv granted 15 NY3d 896).

Contrary to the defendant's contention, however, the resentences imposed were not excessive (see People v. Suitte, 90 A.D.2d 80, 85).

SKELOS, J.P., HALL, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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