People v. Betancourt

Appellate Division of the Supreme Court of New York

People v. Betancourt

2016 NY Slip Op 8087, 144 A.D.3d 1169, 41 N.Y.S.3d 428

Appellate Division of the Supreme Court of the State of New York·Decided November 30, 2016·No. 2015-02915·Published

Opinion

—Appeal by the defendant, as limited by his motion, from a resentence of the County Court, Orange County (Berry, J), imposed March 23, 2015, on the ground that the resentence was excessive.

Ordered that the resentence is affirmed.

The defendant’s purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Finnegan, 112 AD3d 847 [2013]; People v Gil, 109 AD3d 484 [2013]) and, thus, does not preclude review of his excessive sentence claim. However, the resentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, P.J., Hall, Cohen, LaSalle and Connolly, JJ., concur.

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—Appeal by the defendant, as limited by his motion, from a resentence of the County Court, Orange County (Berry, J), imposed March 23, 2015, on the ground that the resentence was excessive.

Ordered that the resentence is affirmed.

The defendant’s purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Finnegan, 112 AD3d 847 [2013]; People v Gil, 109 AD3d 484 [2013]) and, thus, does not preclude review of his excessive sentence claim. However, the resentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, P.J., Hall, Cohen, LaSalle and Connolly, JJ., concur.

People v. Betancourt, 2016 NY Slip Op 8087, 144 A.D.3d 1169, 41 N.Y.S.3d 428 (N.Y. Ct. App. 2016).

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Opinion

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