People v. Lopez

2017 NY Slip Op 9162, 156 A.D.3d 903, 65 N.Y.S.3d 806
Appellate Division of the Supreme Court of the State of New York·Decided December 27, 2017·No. 2016-12334·Published·Cited by 1 cases

Opinion

Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Queens County (Griffin, J.), both imposed October 25, 2016, upon his pleas of guilty, on the ground that the sentences were excessive.

Ordered that the sentences are 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]) and, thus, does not preclude review of his excessive sentence claims. However, the sentences imposed were not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, P.J., Mastro, Roman, LaSalle and Christopher, JJ., concur.

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People v. Lopez, 2017 NY Slip Op 9162, 156 A.D.3d 903, 65 N.Y.S.3d 806 (N.Y. Ct. App. 2017).

2017 NY Slip Op 9162 (People v. Lopez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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