People v Santiago

People v Santiago 2012 NY Slip Op 09090 Decided on December 26, 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 December 26, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
2011-06587
2011-06589

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

v

Jon Santiago, appellant. (Ind. Nos. 5713/08, 7516/08)




Steven Banks, New York, N.Y. (Joanne Legano Ross of
counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Amy Appelbaum of
counsel; David Xu on the brief), for
respondent.


DECISION & ORDER

Appeal by the defendant, as limited by his motion, from two sentences of the Supreme Court, Kings County (D'Emic, J.), both imposed May 24, 2011, on the ground, inter alia, that the sentences were excessive.

ORDERED that the sentences are 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 Supreme Court providently exercised its discretion in denying the defendant's request for youthful offender treatment (see CPL 720.20[1]). Moreover, the sentences imposed were not excessive (see People v Suitte, 90 AD2d 80).
MASTRO, J.P., RIVERA, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court