People v. Head
This text of 2017 NY Slip Op 1384 (People v. Head) 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.
Opinion
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed May 6, 2015, upon his plea of guilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
The record of the plea proceeding did not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, and, thus, as the People correctly concede, the purported waiver of the defendant’s right to appeal is not enforceable (see People v Bynum, 142 AD3d 1183 [2016]; People v Burnett-Hicks, 133 AD3d 773 [2015]). Nevertheless, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
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Cite This Page — Counsel Stack
2017 NY Slip Op 1384, 147 A.D.3d 1083, 47 N.Y.S.3d 713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-head-nyappdiv-2017.