Home/Appellate Division of the Supreme Court of New York/People v. Vargas

People v. Vargas

2017 NY Slip Op 3542, 150 A.D.3d 772, 51 N.Y.S.3d 430
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 3, 2017
Docket2015-12591
StatusPublished

This text of 2017 NY Slip Op 3542 (People v. Vargas) 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. Vargas, 2017 NY Slip Op 3542, 150 A.D.3d 772, 51 N.Y.S.3d 430 (N.Y. Ct. App. 2017).

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed November 30, 2015, upon his plea of guilty, on the ground that the sentence is 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, 256-257 [2006]; People v Pacheco, 138 AD3d 1035 [2016]) 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, P.J., Dillon, Sgroi, Maltese and Barros, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Lopez
844 N.E.2d 1145 (New York Court of Appeals, 2006)
People v. Pacheco
138 A.D.3d 1035 (Appellate Division of the Supreme Court of New York, 2016)
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)

Cite This Page — Counsel Stack

Bluebook (online)
2017 NY Slip Op 3542, 150 A.D.3d 772, 51 N.Y.S.3d 430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vargas-nyappdiv-2017.