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People v. Goodwin

150 A.D.3d 1258 Court N.Y. App. Div. Decision date 2017-05-31 English

Judges Eng, P.J., Hall, Austin, Duffy and Connolly, JJ., concur.

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p. 1258
The People of the State of New York, Respondent, v Maurice Goodwin, Appellant.
[52 NYS3d 909]

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed January 4, 2016, upon his plea of guilty, 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

p. 1259
Brown, 122 AD3d 133 [2014]) 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., Hall, Austin, Duffy and Connolly, JJ., concur.

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