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People v. Hernandez

127 A.D.3d 785, 4 N.Y.S.3d 542
Procedural entryThis page is a short order in People v. Hernandez. Read the opinion of the Court — 96 A.D.3d 783 →
Appellate Division of the Supreme Court of the State of New York·Decided April 1, 2015·No. 2013-08240·Published

Opinion

Appeal by the defendant from a sentence of the Supreme Court, Kings County (Gubbay, J.), imposed July 24, 2013, 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, 265 [2011]; People v Lopez, 6 NY3d 248, 256-257 [2006]; People v Guarchaj, 122 AD3d 878, 879 [2014]; People v Brown, 122 AD3d 133, 138 [2014]), 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., Dillon, Leventhal, Hinds-Radix and LaSalle, JJ., concur.

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People v. Hernandez, 127 A.D.3d 785, 4 N.Y.S.3d 542 (N.Y. Ct. App. 2015).

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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)
People v. Guarchaj
122 A.D.3d 878 (Appellate Division of the Supreme Court of New York, 2014)
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)