People v. Rojas

105 A.D.3d 977, 962 N.Y.S.2d 915
Procedural entryThis page is a short order in People v. Rojas. Read the opinion of the Court — 74 A.D.3d 1369

Opinion

—Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Suffolk County (R. Doyle, J.), imposed March 3, 2011, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s purported waiver of the right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 265 [2011]; People v Lopez, 6 NY3d 248, 256-257 [2006]), and thus does not preclude review of his excessive sentence claim.

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, P.J., Mastro, Dickerson, Lott and Miller, JJ., concur.

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People v. Rojas, 105 A.D.3d 977, 962 N.Y.S.2d 915 (N.Y. Ct. App. 2013).

105 A.D.3d 977 (People v. Rojas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Lopez
844 N.E.2d 1145 (New York Court of Appeals, 2006)
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)