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People v. Peck

100 A.D.3d 658 Court N.Y. App. Div. Decision date 2012-11-07 English

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p. 658
The People of the State of New York, Respondent, v Tomas Peck, Appellant.
[952 NYS2d 900]

— Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Suffolk County (R. Doyle, J.), imposed March 24, 2011, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257 [2011]; People v Lopez, 6 NY3d 248 [2006]). However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Mastro, J.E, Skelos, Leventhal, Austin and Cohen, JJ., concur.

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