Home/Appellate Division of the Supreme Court of New York/People v. Custodio

People v. Custodio

141 A.D.3d 730, 35 N.Y.S.3d 657
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 27, 2016
Docket2013-11057
StatusPublished

This text of 141 A.D.3d 730 (People v. Custodio) 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. Custodio, 141 A.D.3d 730, 35 N.Y.S.3d 657 (N.Y. Ct. App. 2016).

Opinion

— Appeal by the defendant from a sentence of the Supreme Court, Queens County (Kron, J.), imposed November 13, 2013, 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]; People v Sulsona, 134 AD3d 861, 861 [2015]) 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, P.J., Leventhal, Cohen, LaSalle and Barros, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Sulsona
134 A.D.3d 861 (Appellate Division of the Supreme Court of New York, 2015)
People v. Bradshaw
961 N.E.2d 645 (New York Court of Appeals, 2011)
People v. Callahan
80 N.Y.2d 273 (New York Court of Appeals, 1992)
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)
141 A.D.3d 730, 35 N.Y.S.3d 657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-custodio-nyappdiv-2016.