People v. Dominguez

2017 NY Slip Op 7271, 154 A.D.3d 873, 61 N.Y.S.3d 913
Appellate Division of the Supreme Court of the State of New York·Decided October 18, 2017·No. 2015-04851·Published

Opinion

— Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Chin-Brandt, J.), imposed May 20, 2015, 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 Lopez, 6 NY3d 248, 256 [2006]; People v Brown, 122 AD3d 133, 141 [2014]) 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., Hall, Austin, Duffy and Connolly, JJ., concur.

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People v. Dominguez, 2017 NY Slip Op 7271, 154 A.D.3d 873, 61 N.Y.S.3d 913 (N.Y. Ct. App. 2017).

2017 NY Slip Op 7271 (People v. Dominguez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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)