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People v. Berkley

109 A.D.3d 998, 971 N.Y.S.2d 703
CourtAppellate Division of the Supreme Court of the State of New York
DecidedSeptember 25, 2013
StatusPublished

This text of 109 A.D.3d 998 (People v. Berkley) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Berkley, 109 A.D.3d 998, 971 N.Y.S.2d 703 (N.Y. Ct. App. 2013).

Opinion

— Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Weber, J.), imposed May 24, 2011, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s purported waiver of the right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 265 [2011]; People v Lopez, 6 NY3d 248, 256-257 [2006]) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, EJ., Skelos, Roman and Cohen, JJ., concur.

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Related

People v. Lopez
844 N.E.2d 1145 (New York Court of Appeals, 2006)
People v. Bradshaw
961 N.E.2d 645 (New York Court of Appeals, 2011)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
109 A.D.3d 998, 971 N.Y.S.2d 703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-berkley-nyappdiv-2013.