The People, etc., respondent, v. Steven Dottery, appellant.

Reset A A Font size: Print

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

The People, etc., respondent, v. Steven Dottery, appellant.

2010–03115 (Ind.No. 107/09)

Decided: May 23, 2012

WILLIAM F. MASTRO, A.P.J. REINALDO E. RIVERA ARIEL E. BELEN SHERI S. ROMAN SANDRA L. SGROI, JJ. Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel;  Gamaliel Marrero on the memorandum), for respondent.

Submitted—January 27, 2012

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Sullivan, J.), imposed March 15, 2010, 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 NY3d 257, 265;  People v. DeSimone, 80 N.Y.2d 273, 283) 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).

MASTRO, A.P.J., RIVERA, BELEN, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Copied to clipboard