The People, etc., respondent, v. Jermaine D. Holmes, appellant.

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

The People, etc., respondent, v. Jermaine D. Holmes, appellant.

2010–07673 (Ind.No. 1398/09)

Decided: May 23, 2012

WILLIAM F. MASTRO, A.P.J. RUTH C. BALKIN L. PRISCILLA HALL SHERI S. ROMAN, JJ. Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (J. Doyle, J.), imposed June 29, 2010, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the People's contention, the defendant did not validly waive his right to appeal (see People v. Lopez, 6 NY3d 248, 256;  People v. Wright, 89 AD3d 874, 874–875).   However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

MASTRO, A.P.J., BALKIN, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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