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People v. Kissoon

111 A.D.3d 763, 974 N.Y.S.2d 789
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 13, 2013
StatusPublished

This text of 111 A.D.3d 763 (People v. Kissoon) 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. Kissoon, 111 A.D.3d 763, 974 N.Y.S.2d 789 (N.Y. Ct. App. 2013).

Opinion

— Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Hirsh, J.), imposed September 26, 2011, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

As the People correctly concede, the defendant’s waiver of his right to appeal was not knowing, voluntary, and intelligent (see People v Bradshaw, 18 NY3d 257, 265 [2011]) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant’s contention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, PJ., Skelos, Leventhal and Sgroi, JJ., concur.

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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)

Cite This Page — Counsel Stack

Bluebook (online)
111 A.D.3d 763, 974 N.Y.S.2d 789, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kissoon-nyappdiv-2013.