Opinion
11-18-2015
The PEOPLE, etc., respondent, v. TIRRIA R. (Anonymous), appellant.
Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Nancy Fitzpatrick Talcott of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Nancy Fitzpatrick Talcott of counsel), for respondent.
Opinion
Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Queens County (Zayas, J.), imposed July 24, 2014, upon her plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's waiver of her right to appeal does not preclude review of her contention that imposition of an enhanced sentence was improper (see People v. Bracy, 131 A.D.3d 538, 15 N.Y.S.3d 397; People v. Cousar, 128 A.D.3d 716, 9 N.Y.S.3d 96). However, under the circumstances of this case, imposition of an enhanced sentence was proper (see People v. Daymont, 299 A.D.2d 916, 749 N.Y.S.2d 921), and the enhanced sentence was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
ENG, P.J., DILLON, SGROI, HINDS–RADIX and BARROS, JJ., concur.