PEOPLE, ETC., res, v. MYRNA CHENPHANG, ap
- SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
- Jan 25 2013 (Date Decided)
- Eng, P.J.; Dillon, Chambers and Austin, JJ.
PEOPLE, ETC., res, v. MYRNA CHENPHANG, ap — (IND. NO. 10029/09) Lynn W. L. Fahey, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel; Gregory Musso on the memorandum), for respondent.
Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Kings County (Tomei, J.), imposed February 4, 2011, upon her plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's purported waiver of her right to appeal was invalid (see People v. Bradshaw, 18 NY3d 257, 265; People v. DeSimone, 80 NY2d 273, 283) and, thus, does not preclude review of her excessive sentence claim. However, the sentence imposed was not excessive (see People v. Suitte, 90 AD2d 80).
ENG, P.J., DILLON, CHAMBERS and AUSTIN, JJ., concur.