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The People of the State of New York, Respondent, v. Derrick Holloway, Appellant

New York Supreme Court, Appellate Division2014-01-29
113 A.D.3d 876979 N.Y.S.2d 532

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Opinion

majority opinion

The defendant’s purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 265 [2011]; People v DeSimone, 80 NY2d 273, 283 [1992]) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant’s contention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Skelos, Roman, Cohen and Hinds-Radix, JJ., concur.