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People v. Rizzo

2017 NY Slip Op 325, 146 A.D.3d 904, 44 N.Y.S.3d 767
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 18, 2017
Docket2014-04431
StatusPublished

This text of 2017 NY Slip Op 325 (People v. Rizzo) 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. Rizzo, 2017 NY Slip Op 325, 146 A.D.3d 904, 44 N.Y.S.3d 767 (N.Y. Ct. App. 2017).

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Gubbay, J.), imposed December 16, 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 Bradshaw, 18 NY3d 257, 267 [2011]; People v Lopez, 6 NY3d 248, 257 [2006]; People v Brown, 122 AD3d 133, 145 [2014]), 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., Austin, Roman, Maltese and Duffy, JJ., concur.

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Related

People v. Lopez
844 N.E.2d 1145 (New York Court of Appeals, 2006)
People v. Brown
122 A.D.3d 133 (Appellate Division of the Supreme Court of New York, 2014)
People v. Bradshaw
961 N.E.2d 645 (New York Court of Appeals, 2011)
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)
2017 NY Slip Op 325, 146 A.D.3d 904, 44 N.Y.S.3d 767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rizzo-nyappdiv-2017.