People v Robinson

People v Robinson 2013 NY Slip Op 05593 Decided on August 7, 2013 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 August 7, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
L. PRISCILLA HALL, JJ.
2011-03915
(Ind. No. 7451/10)

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

v

Jermaine Robinson, appellant.




Steven Banks, New York, N.Y. (Eve Kessler of counsel), for
appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Solomon Neubort 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 (D'Emic, J.), imposed April 4, 2011, 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 Bradshaw, 18 NY3d 257, 265; People v Lopez, 6 NY3d 248, 256). However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
ENG, P.J., ANGIOLILLO, BALKIN and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court