People v Holmes

People v Holmes 2012 NY Slip Op 04029 Decided on May 23, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 23, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, A.P.J.
RUTH C. BALKIN
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
2010-07673
(Ind. No. 1398/09)

[*1]The People of the State of New York, respondent,

v

Jermaine D. Holmes, appellant.




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 AD2d 80).
MASTRO, A.P.J., BALKIN, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court