People v. Rivas

Appellate Division of the Supreme Court of New York

People v. Rivas

2017 NY Slip Op 5466, 152 A.D.3d 547, 54 N.Y.S.3d 867

Appellate Division of the Supreme Court of the State of New York·Decided July 5, 2017·No. 2015-01299·Published

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (LoPresto, J.), imposed January 14, 2015, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

We agree with the defendant that the purported waiver of his right to appeal was invalid (see People v Guarchaj, 122 AD3d 878 [2014]; People v Pelaez, 100 AD3d 803 [2012]).

However, the sentence imposed was not excessive (see People *548 v Suitte, 90 AD2d 80 [1982]).

Eng, P.J., Chambers, Maltese and Barros, JJ., concur.

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Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (LoPresto, J.), imposed January 14, 2015, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

We agree with the defendant that the purported waiver of his right to appeal was invalid (see People v Guarchaj, 122 AD3d 878 [2014]; People v Pelaez, 100 AD3d 803 [2012]).

However, the sentence imposed was not excessive (see People *548 v Suitte, 90 AD2d 80 [1982]).

Eng, P.J., Chambers, Maltese and Barros, JJ., concur.

People v. Rivas, 2017 NY Slip Op 5466, 152 A.D.3d 547, 54 N.Y.S.3d 867 (N.Y. Ct. App. 2017).

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Opinion

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