People v. Caraballo

Appellate Division of the Supreme Court of New York

People v. Caraballo

127 A.D.3d 1103, 5 N.Y.S.3d 887

Appellate Division of the Supreme Court of the State of New York·Decided April 22, 2015·No. 2013-07335·Published·Cited by 1 cases

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Holder, J.), imposed May 30, *1104 2013, 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 invalid (see People v Bradshaw, 18 NY3d 257, 265 [2011 ]; People v DeSimone, 80 NY2d 273, 283 [1992]) 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, P.J., Dillon, Leventhal, Cohen and Maltese, JJ., concur.

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Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Holder, J.), imposed May 30, *1104 2013, 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 invalid (see People v Bradshaw, 18 NY3d 257, 265 [2011 ]; People v DeSimone, 80 NY2d 273, 283 [1992]) 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, P.J., Dillon, Leventhal, Cohen and Maltese, JJ., concur.

People v. Caraballo, 127 A.D.3d 1103, 5 N.Y.S.3d 887 (N.Y. Ct. App. 2015).

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127 A.D.3d 1103 (People v. Caraballo) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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