People v Tony Curtis

People v Curtis 2006 NY Slip Op 00365 [25 AD3d 619] January 17, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 22, 2006

The People of the State of New York, Respondent,
v
Tony Curtis, Appellant.

—[*1]Appeal by the defendant from an amended judgment of the Supreme Court, Kings County (Parker, J.), rendered January 26, 2004, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the amended judgment is affirmed.

Contrary to the People's contention, the defendant did not effectively waive his right to appeal his sentence (see People v Messenger, 7 AD3d 642 [2004]; People v Boustani, 300 AD2d 313 [2002]; People v Dongo, 244 AD2d 353 [1997]). However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant's remaining contentions regarding his sentence are without merit. Cozier, J.P., Luciano, Fisher and Covello, JJ., concur.