People v. Fraser

Appellate Division of the Supreme Court of New York

People v. Fraser

105 A.D.3d 974, 962 N.Y.S.2d 913

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

DecidedApril 17, 2013

StatusPublished

This text of 105 A.D.3d 974 (People v. Fraser) 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. Fraser, 105 A.D.3d 974, 962 N.Y.S.2d 913 (N.Y. Ct. App. 2013).

Pincite

Opinion

—Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Toomey, Jr., J.), imposed January 30, 2012, 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, it may not be enforced (see People v Bradshaw, 18 NY3d 257, 264-265 [2011]; People v Lopez, 6 NY3d 248, 256-257 [2006]).

However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, P.J., Skelos, Roman and Cohen, JJ., concur.

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