Legal Opinion

People v. James

Appellate Division of the Supreme Court of the State of New York

Decided May 17, 2017No. 2016-00289Published

1Opinion of the Court

Appeal by the de fendant, as limited by her motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed December 17, 2015, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s waiver of her right to appeal was invalid (see People v Head, 147 AD3d 1083 [2017]; People v Bynum, 142 AD3d 1183 [2016]; People v Burnett-Hicks, 133 AD3d 773 [2015]). However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, P.J., Balkin, Roman, Hinds-Radix and Brathwaite Nelson, JJ., concur.

2Cases cited4 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. Burnett-HicksAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. BynumAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. HeadAppellate Division of the Supreme Court of the State of New York · 2017