Majority
p. 875The People of the State of New York, Respondent, v Thomas Fleming, Appellant. [978 NYS2d 904]
As the defendant correctly contends, he did not validly waive his right to appeal (see People v Bradshaw, 18 NY3d 257 [2011]; People v Lopez, 6 NY3d 248 , 256 [2006]) and, thus, review of his excessive sentence claim is not precluded. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Mastro, Hall and Roman, JJ., concur.
Cases cited
- People v. Bradshaw 18 NY3d 257 p. 875
- People v. Lopez 6 NY3d 248 at 256 p. 875
- People v. Suitte 90 AD2d 80 p. 875