PEOPLE v. HEAD (2017)

The PEOPLE, etc., respondent, v. Odyssey HEAD, appellant.

Decided: February 22, 2017

RANDALL T. ENG, P.J., JOHN M. LEVENTHAL, SANDRA L. SGROI, JEFFREY A. COHEN and ROBERT J. MILLER, JJ.

Lynn W.L. Fahey, New York, N.Y. (Anna Kou of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel; Gregory Musso on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed May 6, 2015, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The record of the plea proceeding did not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, and, thus, as the People correctly concede, the purported waiver of the defendant's right to appeal is not enforceable (see People v. Bynum, 142 AD3d 1183; People v. Burnett–Hicks, 133 AD3d 773). Nevertheless, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law