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People v. Hill

119 A.D.3d 609, 987 N.Y.S.2d 903
Procedural entryThis page is a short order in People v. Hill. Read the opinion of the Court — 110 A.D.3d 410 →
Appellate Division of the Supreme Court of the State of New York·Decided July 2, 2014·No. 2010-09525·Published

Opinion

Appeal by the defend *610 ant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Walsh, J.), imposed December 18, 2009, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant purportedly waived his right to appeal. The Supreme Court, however, did not fulfill its responsibility to ensure that the waiver was knowing, voluntary, and intelligent (see People v Bradshaw, 18 NY3d 257, 264-265 [2011]). Accordingly, the waiver cannot be enforced (see id. at 265-266).

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

Eng, EJ., Balkin, Dickerson, Chambers and Hinds-Radix, JJ., concur.

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People v. Hill, 119 A.D.3d 609, 987 N.Y.S.2d 903 (N.Y. Ct. App. 2014).

119 A.D.3d 609 (People v. Hill) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

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)