People v. Pagan

Appellate Division of the Supreme Court of New York

People v. Pagan

142 A.D.3d 1186, 37 N.Y.S.3d 898

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 28, 2016

Docket2014-01431

StatusPublished

This text of 142 A.D.3d 1186 (People v. Pagan) 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. Pagan, 142 A.D.3d 1186, 37 N.Y.S.3d 898 (N.Y. Ct. App. 2016).

Pincite

Opinion

Appeal by the de-

fendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (D’Emic, J.), imposed January 16, 2014, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s waiver of his right to appeal was invalid and, thus, does not preclude review of his excessive sentence claim (see People v Bradshaw, 18 NY3d 257, 267 [2011]; People v DeSimone, 80 NY2d 273, 283 [1992]; People v McBride, 106 AD3d 1110, 1110 [2013]). However, the sentence imposed was not excessive (People v Suitte, 90 AD2d 80 [1982]).

Eng, P.J., Austin, Roman, Maltese and Duffy, JJ., concur.

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