People v. Waddy

240 A.D.2d 521, 659 N.Y.S.2d 782, 1997 N.Y. App. Div. LEXIS 6058

Opinion

Appeal by the defendant, as limited by his motion, from an amended sentence of the Supreme Court, Queens County (Schulman, J.), under Indictment No. 11519/91, and a sentence of the same court, under Indictment No. 2899/94, both imposed May 1, 1995, on the ground that the amended sentence and sentence are excessive.

Ordered that the appeal from the sentence under Indictment No. 2899/94 is dismissed as academic; and it is further,

Ordered that the amended sentence under Indictment No. 11519/91 is affirmed.

Under the circumstances, the defendant’s waiver of the right to appeal from the amended sentence under Indictment No. 11519/91 is not enforceable (see, People v Wimple, 198 AD2d 464, 465; People v Prescott, 196 AD2d 599). However, the defendant’s contention that the amended sentence was excessive is without merit (see, People v Suitte, 90 AD2d 80).

The defendant concedes that because he has completed the sentence imposed under Indictment No. 2899/94, the issue of whether that sentence was excessive is academic. Mangano, P. J., Bracken, Copertino, Sullivan and McGinity, JJ., concur.