People v Norfort
2012 NY Slip Op 08340 [101 AD3d 756]
December 5, 2012
Appellate Division, Second Department
As corrected through Wednesday, February 6, 2013


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

[*1]Lynn W. L. Fahey, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J.Dennehy of counsel; Gregory Musso on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court,Kings County (Mondo, J.), imposed June 29, 2011, 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 vHolmes, 95 AD3d 1236 [2012]). However, the sentence imposed was not excessive(see People v Suitte, 90 AD2d 80 [1982]). Mastro, J.P., Skelos, Leventhal, Austin andCohen, JJ., concur.


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