People v Wright

2011 NY Slip Op 08177 [89 AD3d 874]

November 9, 2011

Appellate Division, Second Department

As corrected through Wednesday, January 4th, 2012

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

—[*1]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 AD3d 862,863 [2011]; People v Bradshaw, 76AD3d 566, 569-570 [2010], lv granted 15 NY3d 896 [2010]).

Contrary to the defendant's contention, however, the resentences imposed were not excessive(see People v Suitte, 90 AD2d 80, 85 [1982]). Skelos, J.P., Hall, Lott and Roman, JJ.,concur.