People v. Rickenbacker

Appellate Division of the Supreme Court of New York

People v. Rickenbacker

124 A.D.3d 917, 998 N.Y.S.2d 896

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

DecidedJanuary 28, 2015

Docket2013-06747

StatusPublished

This text of 124 A.D.3d 917 (People v. Rickenbacker) 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. Rickenbacker, 124 A.D.3d 917, 998 N.Y.S.2d 896 (N.Y. Ct. App. 2015).

Pincite

Opinion

Appeal by the defendant from a judgment of the County Court, Nassau County (Ricigliano, J.), rendered June 21, 2013, convicting her of criminal possession of a forged instrument in the second degree and criminal possession of a forged instrument in the third degree, upon her plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s purported waiver of her right to appeal is invalid (s ee People v Bradshaw, 18 NY3d 257, 265 [2011]; People v Lopez, 6 NY3d 248, 253 [2006]; People v Pelaez, 100 AD3d 803, 803 [2012]), and thus does not preclude review of her excessive sentence claim. However, contrary to the defendant’s contention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant’s remaining contention is without merit.

Rivera, J.P, Hall, Austin, Miller and Maltese, JJ., concur.

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