People v. DeBose

128 A.D.3d 1085, 8 N.Y.S.3d 605
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 27, 2015
Docket2012-01299
StatusPublished

This text of 128 A.D.3d 1085 (People v. DeBose) 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. DeBose, 128 A.D.3d 1085, 8 N.Y.S.3d 605 (N.Y. Ct. App. 2015).

Opinion

Appeal by the defendant from a resentence of the Supreme Court, Kings County (DiMango, J.), imposed January 5, 2012, 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 Lopez, 6 NY3d 248, 256-257 [2006]; People v Brown, 122 AD3d 133, 137-138 [2014]) and, thus, does not preclude review of his claim that the resentence was excessive. However, the resentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Skelos, Leventhal, Roman and Duffy, JJ., concur.

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Related

People v. Lopez
844 N.E.2d 1145 (New York Court of Appeals, 2006)
People v. Brown
122 A.D.3d 133 (Appellate Division of the Supreme Court of New York, 2014)
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)
128 A.D.3d 1085, 8 N.Y.S.3d 605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-debose-nyappdiv-2015.