People v Hollman

People v Hollman 2012 NY Slip Op 07693 Decided on November 14, 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 November 14, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
MARK C. DILLON
ANITA R. FLORIO
CHERYL E. CHAMBERS
SANDRA L. SGROI, JJ.
2010-03107
(Ind. No. 12513/08)

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

v

Todd Hollman, appellant.




Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of
counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Diane R. Eisner of
counsel; Apeksha Vora 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 (Walsh J.), imposed March 18, 2010, as amended March 22, 2010.

ORDERED that the sentence is affirmed.

Under the circumstances of this case, the defendant's wavier of his right to appeal was not valid (see People v Callahan, 80 NY2d 248; People v Hassan, 88 AD3d 740; People v Monsuri, 83 AD3d 879; cf. People v Ellis, 69 AD3d 756). Nevertheless, the defendant's contention that the sentence imposed was excessive is without merit (see People v Headspeth, 78 AD3d 1418; People v Butler, 49 AD3d 894; People v Suitte, 90 AD2d 680).

The defendant's remaining contention is unpreserved for appellate review (see People v Foster, 87 AD3d 299, 304).
MASTRO, J.P., DILLON, FLORIO, CHAMBERS and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court