People v Santiago

Dec 26, 2012
2011-06587
Versions:

Steven Banks, New York, N.Y. (Joanne Legano Ross of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Appelbaum of counsel; David Xu on the brief), for respondent.

Appeal by the defendant, as limited by his motion, from two sentences of the Supreme Court, Kings County (D‘Emic, J.), both imposed May 24, 2011, on the ground, inter alia, that the sentences were excessive.

Ordered that the sentences are affirmed.

Contrary to the People‘s contention, the defendant did not validly waive his right to appeal (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Wright, 89 AD3d 874, 874-875 [2011]).

However, the Supreme Court providently exercised its discretion in denying the defendant‘s request for youthful offender treatment (see CPL 720.20 [1]). Moreover, the sentences imposed were not excessive (see People v Suitte, 90 AD2d 80 [1982]). Mastro, J.P., Rivera, Roman and Sgroi, JJ., concur.