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

People v. Pinchupa

128 A.D.3d 1099, 8 N.Y.S.3d 604
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 27, 2015
Docket2013-05919
StatusPublished

This text of 128 A.D.3d 1099 (People v. Pinchupa) 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. Pinchupa, 128 A.D.3d 1099, 8 N.Y.S.3d 604 (N.Y. Ct. App. 2015).

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Módica, J.), imposed May 7, 2013, 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, 265 [2011]; People v Callahan, 80 NY2d 273, 283 [1992]) 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., Balkin, Chambers, Sgroi and Miller, JJ., concur.

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Related

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)

Cite This Page — Counsel Stack

Bluebook (online)
128 A.D.3d 1099, 8 N.Y.S.3d 604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pinchupa-nyappdiv-2015.