People v Santiago

2012 NY Slip Op 09090 [101 AD3d 1155]

December 26, 2012

Appellate Division, Second Department

As corrected through Wednesday, February 6, 2013

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

—[*1]Steven Banks, New York, N.Y. (Joanne Legano Ross of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Appelbaumof counsel; David Xu on the brief), for respondent.

Appeal by the defendant, as limited by his motion, from two sentences of the Supreme Court,Kings County (D'Emic, J.), both imposed May 24, 2011, on the ground, inter alia, that thesentences were excessive.

Ordered that the sentences are 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 Supreme Court providently exercised its discretion in denying the defendant'srequest for youthful offender treatment (see CPL 720.20 [1]). Moreover, the sentencesimposed were not excessive (see People v Suitte, 90 AD2d 80 [1982]). Mastro, J.P.,Rivera, Roman and Sgroi, JJ., concur.