People v. Bastien

142 A.D.3d 1183, 37 N.Y.S.3d 910
Appellate Division of the Supreme Court of the State of New York·Decided September 28, 2016·No. 2015-03586·Published

Opinion

Appeal by the de-

fendant, as limited by his motion, from a resentence of the Supreme Court, Queens County (Leach, J.), imposed April 28, 2015, upon his plea of guilty, after remittitur from this Court (see People v Bastien, 124 AD3d 907, 908 [2015]), on the ground that the resentence was excessive.

Ordered that the resentence is affirmed.

The defendant’s valid waiver of his right to appeal precludes appellate review of his contention that the resentence imposed was excessive (see People v Bradshaw, 18 NY3d 257, 264-267 [2011]; People v Lopez, 6 NY3d 248, 255 [2006]).

Eng, P.J., Austin, Roman, Maltese and Duffy, JJ., concur.

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People v. Bastien, 142 A.D.3d 1183, 37 N.Y.S.3d 910 (N.Y. Ct. App. 2016).

142 A.D.3d 1183 (People v. Bastien) — 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. Bastien
124 A.D.3d 907 (Appellate Division of the Supreme Court of New York, 2015)
People v. Bradshaw
961 N.E.2d 645 (New York Court of Appeals, 2011)