People v. Monsuri
| Decision Date | 12 April 2011 |
| Citation | 920 N.Y.S.2d 677,2011 N.Y. Slip Op. 03090,83 A.D.3d 870 |
| Parties | The PEOPLE, etc., respondent, v. Mohammed MONSURI, appellant. |
| Court | New York Supreme Court |
OPINION TEXT STARTS HERE
Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant, and appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Terry–Ann Llewellyn of counsel; Steven Mizrahi on the memorandum), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mangano, Jr., J.), rendered April 12, 2007, convicting him of attempted murder in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the People's contention, the defendant's waiver of his right to appeal was not valid ( see People v. Bradshaw, 76 A.D.3d 566, 569, 906 N.Y.S.2d 93,lv. granted 15 N.Y.3d 896, 912 N.Y.S.2d 585, 938 N.E.2d 1020), and therefore the waiver cannot bar review of the defendant's claims.
Insofar as the record permits review of the defendant's claim that his attorney was ineffective, we reject that claim. Counsel provided the defendant with effective representation ( see Strickland v. Washington, 466 U.S. 668, 694, 104 S.Ct. 2052, 80 L.Ed.2d 674;People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
The defendant's remaining contention is without merit.
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