People v. Jones

120 A.D.3d 1264, 991 N.Y.S.2d 898, 2014 NY Slip Op 06106, 2014 N.Y. App. Div. LEXIS 6056
Procedural entryThis page is a short order in People v. Jones. Read the opinion of the Court — 92 A.D.3d 1218
Appellate Division of the Supreme Court of the State of New York·Decided September 10, 2014·No. 2013-04468·Published

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Toomey, J.), imposed on March 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, 265 [2011]; People v Lopez, 6 NY3d 248, 256-257 [2006]) 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, PJ., Mastro, Hall, Miller and LaSalle, JJ., concur.

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People v. Jones, 120 A.D.3d 1264, 991 N.Y.S.2d 898, 2014 NY Slip Op 06106, 2014 N.Y. App. Div. LEXIS 6056 (N.Y. Ct. App. 2014).

120 A.D.3d 1264 (People v. Jones) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Lopez
844 N.E.2d 1145 (New York Court of Appeals, 2006)
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)