People v. Murphy
This text of 2017 NY Slip Op 4468 (People v. Murphy) 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.
Opinion
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Mullings, J.), imposed July 29, 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 Ellis, 146 AD3d 806 [2017]; People v Bruzzo, 136 AD3d 1050 [2016]; People v Quezada, 122 AD3d 948 [2014]; People v Angelis, 94 AD3d 902 [2012]) 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]).
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Cite This Page — Counsel Stack
2017 NY Slip Op 4468, 151 A.D.3d 754, 53 N.Y.S.3d 552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-murphy-nyappdiv-2017.