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People v. Tucker

121 A.D.3d 723, 992 N.Y.S.2d 897
Procedural entryThis page is a short order in People v. Tucker. Read the opinion of the Court — 91 A.D.3d 1030 →
Appellate Division of the Supreme Court of the State of New York·Decided October 1, 2014·No. 2012-01649·Published

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Condon, J.), imposed January 12, 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 Lopez, 6 NY3d 248, 257 [2006]; People v DeSimone, 80 NY2d 273, 283 [1992]; People v Jackson, 114 AD3d 807, 808 [2014]), and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defend *724 ant’s contention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, EJ., Rivera, Austin, Cohen and Barros, JJ., concur.

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People v. Tucker, 121 A.D.3d 723, 992 N.Y.S.2d 897 (N.Y. Ct. App. 2014).

121 A.D.3d 723 (People v. Tucker) — 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. Callahan
80 N.Y.2d 273 (New York Court of Appeals, 1992)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Jackson
114 A.D.3d 807 (Appellate Division of the Supreme Court of New York, 2014)