People v Fleming
2014 NY Slip Op 00529 [113 AD3d 875]
January 29, 2014
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 5, 2014


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

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

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Sullivan, J., at plea; Walsh, J., at sentence), imposed November 28, 2011, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

As the defendant correctly contends, he did not validly waive his right to appeal (see People v Bradshaw, 18 NY3d 257 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]) and, thus, review of his excessive sentence claim is not precluded. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Mastro, Hall and Roman, JJ., concur.