The People, etc., respondent, v. Sincere Chappelle, appellant.

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

The People, etc., respondent, v. Sincere Chappelle, appellant.

2011–02521 (Ind.No. 2298/09)

Decided: September 25, 2013

RANDALL T. ENG, P.J. WILLIAM F. MASTRO THOMAS A. DICKERSON PLUMMER E. LOTT ROBERT J. MILLER, JJ. Lynn W.L. Fahey, New York, N.Y. (Erica Horwitz of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Merri Turk Lasky of counsel;  Steven H. Ju on the memorandum), for respondent.

Submitted—July 26, 2013

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Buchter, J.), imposed March 3, 2011, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the People's contention, the record does not support the conclusion that the defendant knowingly, intelligently, and voluntarily waived his right to appeal (see People v. Bradshaw, 18 NY3d 257, 267), and, thus, review of his excessive sentence claim is not precluded.   However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

ENG, P.J., MASTRO, DICKERSON, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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