People v. Burnett

103 A.D.3d 662, 958 N.Y.S.2d 623

This text of 103 A.D.3d 662 (People v. Burnett) 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. Burnett, 103 A.D.3d 662, 958 N.Y.S.2d 623 (N.Y. Ct. App. 2013).

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Kron, J.), imposed March 31, 2009, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s purported waiver of his right to appeal was [663]*663invalid (see People v Bradshaw, 18 NY3d 257 [2011]; People v Lopez, 6 NY3d 248 [2006]) 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]). Mastro, J.P., Rivera, Roman and Sgroi, 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)
103 A.D.3d 662, 958 N.Y.S.2d 623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burnett-nyappdiv-2013.