People v Policastro
2016 NY Slip Op 05878 [142 AD3d 679]
August 24, 2016
Appellate Division, Second Department
As corrected through Wednesday, September 28, 2016


[*1]
 The People of the State of New York,Respondent,
v
Gary Policastro, Appellant.

Lynn W. L. Fahey, New York, NY, for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove andSholom J. Twersky of counsel; Gregory Musso on the memorandum), forrespondent.

Appeals by the defendant, as limited by his motion, from three sentences of theSupreme Court, Kings County (Williams, J.), all imposed October 10, 2014, upon hispleas of guilty, on the ground that the sentences were excessive.

Ordered that the sentences are affirmed.

The defendant's purported waiver of his right to appeal was invalid (see People v Bradshaw, 18NY3d 257, 264-265 [2011]) and, thus, does not preclude review of his excessivesentence claims. However, contrary to the defendant's contention, the sentences imposedwere not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Balkin,Dickerson, Hinds-Radix and Barros, JJ., concur.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.