People v. Firenshteyn

Appellate Division of the Supreme Court of New York

People v. Firenshteyn

2017 NY Slip Op 6290, 153 A.D.3d 852, 57 N.Y.S.3d 903

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 23, 2017

Docket2015-09598

StatusPublished

This text of 2017 NY Slip Op 6290 (People v. Firenshteyn) 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. Firenshteyn, 2017 NY Slip Op 6290, 153 A.D.3d 852, 57 N.Y.S.3d 903 (N.Y. Ct. App. 2017).

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Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed September 15, 2015, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

Inasmuch as the record does not demonstrate that the defendant’s purported waiver of his right to appeal was made knowingly, voluntarily, and intelligently, the purported waiver of his right to appeal is not enforceable (see People v Bradshaw, 18 NY3d 257, 267 [2011]; People v Lopez, 6 NY3d 248, 257 [2006]; People v Brown, 122 AD3d 133, 145 [2014]). Thus, review of the defendant’s excessive sentence claim is not precluded. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, P.J., Austin, Roman, Hinds-Radix and Duffy, JJ., concur.

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Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed September 15, 2015, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

Inasmuch as the record does not demonstrate that the defendant’s purported waiver of his right to appeal was made knowingly, voluntarily, and intelligently, the purported waiver of his right to appeal is not enforceable (see People v Bradshaw, 18 NY3d 257, 267 [2011]; People v Lopez, 6 NY3d 248, 257 [2006]; People v Brown, 122 AD3d 133, 145 [2014]). Thus, review of the defendant’s excessive sentence claim is not precluded. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, P.J., Austin, Roman, Hinds-Radix and Duffy, JJ., concur.

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Bluebook (online)

2017 NY Slip Op 6290, 153 A.D.3d 852, 57 N.Y.S.3d 903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-firenshteyn-nyappdiv-2017.

Opinion

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