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People v. Tolbert

120 A.D.3d 1361, 991 N.Y.S.2d 903, 2014 NY Slip Op 06216, 2014 N.Y. App. Div. LEXIS 6170
CourtAppellate Division of the Supreme Court of the State of New York
DecidedSeptember 17, 2014
Docket2011-11464
StatusPublished

This text of 120 A.D.3d 1361 (People v. Tolbert) 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. Tolbert, 120 A.D.3d 1361, 991 N.Y.S.2d 903, 2014 NY Slip Op 06216, 2014 N.Y. App. Div. LEXIS 6170 (N.Y. Ct. App. 2014).

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (DiMango, J.), imposed November 23, 2011, 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 Pressley, 116 AD3d 794 [2014]), and thus, does not preclude review of his claim that his sentence was excessive. However, contrary to the defendant’s contention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, EJ., Dillon, Chambers and Austin, JJ., concur.

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Related

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. Pressley
116 A.D.3d 794 (Appellate Division of the Supreme Court of New York, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
120 A.D.3d 1361, 991 N.Y.S.2d 903, 2014 NY Slip Op 06216, 2014 N.Y. App. Div. LEXIS 6170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tolbert-nyappdiv-2014.