Majority
p. 763The People of the State of New York, Respondent, v Ras Amadi Davis, Appellant. [947 NYS2d 913]
The defendant’s purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257 , 264 [2011]; People v Moyett, 7 NY3d 892 , 893 [2006]; People v Jacob, 94 AD3d 1142 [2012]) 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]). Mastro, A.P.J, Dillon, Eng, Lott and Miller, JJ., concur.
Cases cited
- People v. Bradshaw 18 NY3d 257 at 264 p. 763
- People v. Moyett 7 NY3d 892 at 893 p. 763
- People v. Suitte 90 AD2d 80 p. 763