People v. Ashby

• Decision Date: 18 June 2014
• Citation: 118 A.D.3d 904,987 N.Y.S.2d 238,2014 N.Y. Slip Op. 04505
• Parties: The PEOPLE, etc., respondent, v. Ronald ASHBY, appellant.
• Court: New York Supreme Court — Appellate Division

118 A.D.3d 904

987 N.Y.S.2d 238

2014 N.Y. Slip Op. 04505

The PEOPLE, etc., respondent,

v.Ronald ASHBY, appellant.

Supreme Court, Appellate Division, Second Department, New York.

June 18, 2014.

Lynn W.L. Fahey, New York, N.Y., for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel; Gregory Musso on the memorandum), for respondent.

Appeal by the defendant from a sentence of the Supreme Court, Kings County (DiMango, J.), imposed February 7, 2011, on the ground that the sentence is excessive.

ORDERED that the sentence is affirmed.

As the People correctly concede, the defendant's waiver of his right to appeal was not knowing, voluntary, and intelligent ( see People v. Bradshaw, 18 N.Y.3d 257, 265, 938 N.Y.S.2d 254, 961 N.E.2d 645) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant's contention, the sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

ENG, P.J., SKELOS, LEVENTHAL and ROMAN, JJ., concur.