Appellate Division of the Supreme Court of New York, 2013

People v. Javier

People v. Javier
Appellate Division of the Supreme Court of New York · Decided September 25, 2013
109 A.D.3d 1004; 971 N.Y.S.2d 478
People v. Javier

Opinion of the Court

— Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Camacho, J.), imposed March 30, 2011, 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 Bradshaw, 18 NY3d 257, 267 [2011]; People v Lopez, 6 NY3d 248, 257 [2006]) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant’s contention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, PJ., Rivera, Leventhal and Sgroi, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.