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People v. Santana

122 A.D.3d 949 Court N.Y. App. Div. Decision date 2014-11-26 English

Judges Eng, EJ., Balkin, Dickerson and Hinds-Radix, JJ., concur.

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p. 949
The People of the State of New York, Respondent, v Rolando Santana, Appellant.
[995 NYS2d 682]

Appeal by the defendant, as limited by his motion, from three sentences of the Supreme Court, Queens County (Chin-Brandt, J.), all imposed March 6, 2013, on the ground that the sentences were excessive.

Ordered that the sentences are 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]; People v Contreras, 112 AD3d 649 [2013]), and, thus, does not preclude review of his excessive sentence claim. However, the sentences imposed were not excessive (s ee People v Suitte, 90 AD2d 80 [1982]).

Eng, EJ., Balkin, Dickerson and Hinds-Radix, JJ., concur.

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