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

People v. Fleming

113 A.D.3d 875, 978 N.Y.2d 904
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 29, 2014
StatusPublished

This text of 113 A.D.3d 875 (People v. Fleming) 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. Fleming, 113 A.D.3d 875, 978 N.Y.2d 904 (N.Y. Ct. App. 2014).

Opinion

As the defendant correctly contends, he did not validly waive his right to appeal (see People v Bradshaw, 18 NY3d 257 [2011]; People v Lopez, 6 NY3d 248, 256 [2006]) and, thus, review of his excessive sentence claim is not precluded. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Mastro, Hall and Roman, JJ., concur.

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Related

People v. Lopez
844 N.E.2d 1145 (New York Court of Appeals, 2006)
People v. Bradshaw
961 N.E.2d 645 (New York Court of Appeals, 2011)
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)
113 A.D.3d 875, 978 N.Y.2d 904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fleming-nyappdiv-2014.