People v. Zaruma

Appellate Division of the Supreme Court of New York

People v. Zaruma

120 A.D.3d 1273, 991 N.Y.S.2d 884

Appellate Division of the Supreme Court of the State of New York·Decided September 10, 2014·No. 2013-04312·Published·Cited by 2 cases

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Zayas, J.), imposed September 14, 2012, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s waiver of his right to appeal was invalid and, therefore, does not preclude appellate review of his excessive *1274 sentence claim (see People v Bradshaw, 18 NY3d 257, 265 [2011]). However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, EJ., Balkin, Dickerson, Chambers and Hinds-Radix, JJ., concur.

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Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Zayas, J.), imposed September 14, 2012, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s waiver of his right to appeal was invalid and, therefore, does not preclude appellate review of his excessive *1274 sentence claim (see People v Bradshaw, 18 NY3d 257, 265 [2011]). However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, EJ., Balkin, Dickerson, Chambers and Hinds-Radix, JJ., concur.

People v. Zaruma, 120 A.D.3d 1273, 991 N.Y.S.2d 884 (N.Y. Ct. App. 2014).

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Opinion

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