Opinion
2012-12-26
The PEOPLE, etc., respondent, v. Jon SANTIAGO, appellant.
Steven Banks, New York, N.Y. (Joanne Legano Ross of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Appelbaum of counsel; David Xu on the brief), for respondent.
Steven Banks, New York, N.Y. (Joanne Legano Ross of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Appelbaum of counsel; David Xu on the brief), for respondent.
Appeal by the defendant, as limited by his motion, from two sentences of the Supreme Court, Kings County (D'Emic, J.), both imposed May 24, 2011, on the ground, inter alia, that the sentences were excessive.
*887ORDERED that the sentences are affirmed.
Contrary to the People's contention, the defendant did not validly waive his right to appeal ( see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145;People v. Wright, 89 A.D.3d 874, 874–875, 932 N.Y.S.2d 353).
However, the Supreme Court providently exercised its discretion in denying the defendant's request for youthful offender treatment ( seeCPL 720.20[1] ). Moreover, the sentences imposed were not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).