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People v. Santos

127 A.D.3d 789 Court N.Y. App. Div. Decision date 2015-04-01 English

Judges Eng, P.J., Mastro, Hall, Miller and LaSalle, JJ., concur.

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p. 789
The People of the State of New York, Respondent, v Alexander Santos, Appellant.
[4 NYS3d 545]—

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Kahn, J.), imposed March 16, 2012, 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 , 265 [2011]; People v Lopez, 6 NY3d 248 , 256-257 [2006]), and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, P.J., Mastro, Hall, Miller and LaSalle, JJ., concur.

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