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People v. Little

131 A.D.3d 1181, 16 N.Y.S.3d 749
Procedural entryThis page is a short order in People v. Little. Read the opinion of the Court — 127 A.D.3d 1235 →
Appellate Division of the Supreme Court of the State of New York·Decided September 23, 2015·No. 2013-09049·Published

Opinion

Appeal by the de~ fendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (D’Emic, J.), imposed September 12, 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, 267 [2011]; People v Lopez, 6 NY3d 248, 257 [2006]; People v DeSimone, 80 NY2d 273, 283 [1992]; People v Brown, 122 AD3d 133, 145 [2014]; cf. People v Sanders, 25 NY3d 337 [2015]) 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., Rivera, Hall, Austin and Cohen, JJ., concur.

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People v. Little, 131 A.D.3d 1181, 16 N.Y.S.3d 749 (N.Y. Ct. App. 2015).

131 A.D.3d 1181 (People v. Little) — 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. Brown
122 A.D.3d 133 (Appellate Division of the Supreme Court of New York, 2014)
The People v. Rasaun Sanders
34 N.E.3d 344 (New York Court of Appeals, 2015)
People v. Bradshaw
961 N.E.2d 645 (New York Court of Appeals, 2011)
People v. Callahan
80 N.Y.2d 273 (New York Court of Appeals, 1992)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)