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People v. Ascencio

121 A.D.3d 706, 992 N.Y.S.2d 896
Appellate Division of the Supreme Court of the State of New York·Decided October 1, 2014·No. 2012-10652·Published

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Carroll, J.), imposed October 25, 2012, as amended November 13, 2012, on the ground that the sentence was excessive.

Ordered that the sentence, as amended, is affirmed.

The defendant’s purported waiver of his right to appeal was invalid (see People v Lopez, 6 NY3d 248, 257 [2006]; People v DeSimone, 80 NY2d 273, 283 [1992]; People v Jackson, 114 AD3d 807, 808 [2014]; People v Foster, 87 AD3d 299, 303 [2011]), and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant’s contention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, RJ., Rivera, Austin, Cohen and Barros, JJ., concur.

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People v. Ascencio, 121 A.D.3d 706, 992 N.Y.S.2d 896 (N.Y. Ct. App. 2014).

121 A.D.3d 706 (People v. Ascencio) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Lopez
844 N.E.2d 1145 (New York Court of Appeals, 2006)
People v. Callahan
80 N.Y.2d 273 (New York Court of Appeals, 1992)
People v. Foster
87 A.D.3d 299 (Appellate Division of the Supreme Court of New York, 2011)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Jackson
114 A.D.3d 807 (Appellate Division of the Supreme Court of New York, 2014)