Opinion
2011-11-9
The PEOPLE, etc., respondent,v.James WRIGHT, appellant.
Lynn W.L. Fahey, New York, N.Y., for appellant.Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Maria Park of counsel; Tiffany L. Henry on the brief), for respondent.
Appeals by the defendant from three resentences of the Supreme Court, Kings County (DiMango, J.), all imposed August 4, 2010, upon his convictions of grand larceny in the third degree (three counts, one as to each indictment), upon his pleas of guilty.
ORDERED that the resentences are affirmed.
The defendant's purported waiver of his right to appeal was ineffective ( see People v. Grant, 83 A.D.3d 862, 863, 921 N.Y.S.2d 285; People v. Bradshaw, 76 A.D.3d 566, 569–570, 906 N.Y.S.2d 93, lv. granted 15 N.Y.3d 896, 912 N.Y.S.2d 585, 938 N.E.2d 1020).
Contrary to the defendant's contention, however, the resentences imposed were not excessive ( see People v. Suitte, 90 A.D.2d 80, 85, 455 N.Y.S.2d 675).
SKELOS, J.P., HALL, LOTT and ROMAN, JJ., concur.