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People v. Saldana

119 A.D.3d 965, 989 N.Y.S.2d 896
Appellate Division of the Supreme Court of the State of New York·Decided July 30, 2014·No. 2012-04331·Published

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the *966 Supreme Court, Kings County (D’Emic, J.), imposed March 28, 2012, 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, 265 [2011]; People v Lopez, 6 NY3d 248, 257 [2006]; People v Donohue, 118 AD3d 908 [2014]; People v Jones, 117 AD3d 878 [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, RJ., Rivera, Leventhal and Sgroi, JJ., concur.

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People v. Saldana, 119 A.D.3d 965, 989 N.Y.S.2d 896 (N.Y. Ct. App. 2014).

119 A.D.3d 965 (People v. Saldana) — 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)
People v. Jones
117 A.D.3d 878 (Appellate Division of the Supreme Court of New York, 2014)
People v. Donohue
118 A.D.3d 908 (Appellate Division of the Supreme Court of New York, 2014)