People v Watts

People v Watts 2011 NY Slip Op 08791 Decided on November 29, 2011 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 November 29, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
A. GAIL PRUDENTI, P.J.
RUTH C. BALKIN
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
2010-04589
(Ind. No. 4204/07)

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

v

Kerri Watts, appellant.




Lynn W. L. Fahey, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Linda Breen of counsel;
Robert Ho on the memorandum), for
respondent.


DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Del Giudice, J.), imposed May 5, 2010, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Under the circumstances of this case, the defendant's waiver of the right to appeal does not foreclose her right to challenge the sentence ultimately imposed (see People v Banchs, 22 AD3d 595; People v Eldridge, 8 AD3d 294, 295). Nevertheless, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
PRUDENTI, P.J., BALKIN, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court