The People, etc., respondent, v. Kerri Watts, appellant.

Reset A A Font size: Print

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

The People, etc., respondent, v. Kerri Watts, appellant.

2010–04589 (Ind.No. 4204/07)

Decided: November 29, 2011

A. GAIL PRUDENTI, P.J. RUTH C. BALKIN L. PRISCILLA HALL 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 Linda Breen of counsel;  Robert Ho on the memorandum), for respondent.

Submitted—August 26, 2011

DECISION & ORDER

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 AD3d 595;  People v. Eldridge, 8 AD3d 294, 295).   Nevertheless, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

PRUDENTI, P.J., BALKIN, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

Copied to clipboard