People v Holmes

2012 NY Slip Op 04029 [95 AD3d 1236]

May 23, 2012

Appellate Division, Second Department

As corrected through Wednesday, June 27, 2012

The People of the State of New York,Respondent, v Jermaine D. Holmes, Appellant.

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Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), forrespondent.

Appeal by the defendant, as limited by his motion, from a sentence of the County Court,Suffolk County (J. Doyle, J.), imposed June 29, 2010, on the ground that the sentence wasexcessive.

Ordered that the sentence is affirmed.

Contrary to the People's contention, the defendant did not validly waive his right to appeal(see People v Lopez, 6 NY3d248, 256 [2006]; People vWright, 89 AD3d 874, 874-875 [2011]). However, the sentence imposed was notexcessive (see People v Suitte, 90 AD2d 80 [1982]). Mastro, A.P.J., Balkin, Hall andRoman, JJ., concur.