Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Darryl Bostic, Appellant
125 A.D.3d 9921 N.Y.S.3d 867·New York Supreme Court, Appellate Division·2015·NY
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Opinion
The People of the State of New York, Respondent, v Darryl Bostic, Appellant.
[1 NYS3d 867]
[MAJORITY]
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (D’Emic, J.), imposed May 18, 2011, upon his conviction of attempted arson in the third degree, upon his plea of guilty.
Ordered that the sentence is affirmed.
Under the circumstances of this case, the defendant’s waiver of the right to appeal does not bar review of the sentence that was ultimately imposed (see People v Maracle, 19 NY3d 925, 927 [2012]; People v Arney, 120 AD3d 949 [2014]). Nonetheless, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Balkin, Dickerson and Hinds-Radix, JJ., concur.