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People v. Tolar

116 A.D.3d 989, 983 N.Y.S.2d 818
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 23, 2014
StatusPublished

This text of 116 A.D.3d 989 (People v. Tolar) 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. Tolar, 116 A.D.3d 989, 983 N.Y.S.2d 818 (N.Y. Ct. App. 2014).

Opinion

— Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Toomey, J), imposed May 23, 2012, upon his plea of guilty, on the ground that the sentence is excessive.

Ordered that the sentence is affirmed.

Contrary to the People’s contention, the defendant did not validly waive his right to appeal (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Crawford, 110 AD3d 916 [2013], lv denied 22 NY3d 1040 [2013]; People v Keiser, 100 AD3d 927 [2012]). Thus, review of his excessive sentence claim is not precluded. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, PJ., Dillon, Cohen and Hinds-Radix, JJ, concur.

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Related

People v. Lopez
844 N.E.2d 1145 (New York Court of Appeals, 2006)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Keiser
100 A.D.3d 927 (Appellate Division of the Supreme Court of New York, 2012)
People v. Crawford
110 A.D.3d 916 (Appellate Division of the Supreme Court of New York, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
116 A.D.3d 989, 983 N.Y.S.2d 818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tolar-nyappdiv-2014.