Home/Appellate Division of the Supreme Court of New York/People v. McIlwain

People v. McIlwain

2017 NY Slip Op 5972, 153 A.D.3d 553, 56 N.Y.S.3d 877
CourtAppellate Division of the Supreme Court of the State of New York
DecidedAugust 2, 2017
Docket2015-08782
StatusPublished

This text of 2017 NY Slip Op 5972 (People v. McIlwain) 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. McIlwain, 2017 NY Slip Op 5972, 153 A.D.3d 553, 56 N.Y.S.3d 877 (N.Y. Ct. App. 2017).

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed September 2, 2014, 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 Lopez, 6 NY3d 248, 256 [2006]; People v Brown, 122 AD3d 133 [2014]), 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., Hall, Austin, Duffy and Connolly, JJ., concur.

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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)
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)
2017 NY Slip Op 5972, 153 A.D.3d 553, 56 N.Y.S.3d 877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcilwain-nyappdiv-2017.