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People v. Golynker

131 A.D.3d 624, 14 N.Y.S.3d 912
CourtAppellate Division of the Supreme Court of the State of New York
DecidedAugust 19, 2015
Docket2013-02710
StatusPublished

This text of 131 A.D.3d 624 (People v. Golynker) 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. Golynker, 131 A.D.3d 624, 14 N.Y.S.3d 912 (N.Y. Ct. App. 2015).

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (D’Emic, J.), imposed February 13, 2013, 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 Bradshaw, 18 NY3d 257, 267 [2011 ]; People v Lopez, 6 NY3d 248, 257 [2006]; People v DeSimone, 80 NY2d 273, 283 [1992]; People v Brown, 122 AD3d 133, 145 [2014]; cf. People v Sanders, 25 NY3d 337 [2015]) 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., Rivera, Hall, Hinds-Radix and Barros, 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)
The People v. Rasaun Sanders
34 N.E.3d 344 (New York Court of Appeals, 2015)
People v. Bradshaw
961 N.E.2d 645 (New York Court of Appeals, 2011)
People v. Callahan
80 N.Y.2d 273 (New York Court of Appeals, 1992)
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)
131 A.D.3d 624, 14 N.Y.S.3d 912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-golynker-nyappdiv-2015.