People v Wright

People v Wright 2011 NY Slip Op 08177 Decided on November 9, 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 9, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
L. PRISCILLA HALL
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
2010-07666
2010-07667
2010-07668

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

v

James Wright, appellant. (Ind. Nos. 2653/06, 1236/07, 3580/07)




Lynn W. L. Fahey, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Maria Park of counsel;
Tiffany L. Henry on the brief), for
respondent.


DECISION & ORDER

Appeals by the defendant from three resentences of the Supreme Court, Kings County (DiMango, J.), all imposed August 4, 2010, upon his convictions of grand larceny in the third degree (three counts, one as to each indictment), upon his pleas of guilty.

ORDERED that the resentences are affirmed.

The defendant's purported waiver of his right to appeal was ineffective (see People v Grant, 83 AD3d 862, 863; People v Bradshaw, 76 AD3d 566, 569-570, lv granted 15 NY3d 896).

Contrary to the defendant's contention, however, the resentences imposed were not excessive (see People v Suitte, 90 AD2d 80, 85).
SKELOS, J.P., HALL, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court