From Casetext: Smarter Legal Research

People v. Fleming

Supreme Court, Appellate Division, Second Department, New York.
Jan 29, 2014
978 N.Y.S.2d 904 (N.Y. App. Div. 2014)

Opinion

2014-01-29

The PEOPLE, etc., respondent, v. Thomas FLEMING, appellant.

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.


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 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145) and, thus, review of his excessive sentence claim is not precluded. However, the sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675). ENG, P.J., MASTRO, HALL and ROMAN, JJ., concur.


Summaries of

People v. Fleming

Supreme Court, Appellate Division, Second Department, New York.
Jan 29, 2014
978 N.Y.S.2d 904 (N.Y. App. Div. 2014)
Case details for

People v. Fleming

Case Details

Full title:The PEOPLE, etc., respondent, v. Thomas FLEMING, appellant.

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

Date published: Jan 29, 2014

Citations

978 N.Y.S.2d 904 (N.Y. App. Div. 2014)
113 A.D.3d 875
2014 N.Y. Slip Op. 529