The People, etc., respondent, v. Elijah Boakye, appellant.

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

The People, etc., respondent, v. Elijah Boakye, appellant.

2012–04113 (Ind.No. 4863/10)

Decided: September 25, 2013

RANDALL T. ENG, P.J. DANIEL D. ANGIOLILLO RUTH C. BALKIN L. PRISCILLA HALL, JJ. Lynn W.L. Fahey, New York, N.Y. (Janet Claire Le of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Diane R. Eisner of counsel;  Daniel Alster on the memorandum), for respondent.

Submitted—June 28, 2013

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (DiMango, J.), imposed March 20, 2012, 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).

ENG, P.J., ANGIOLILLO, BALKIN and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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