Appellate Division of the Supreme Court of New York, 2016

People v. Gonzalez

People v. Gonzalez
Appellate Division of the Supreme Court of New York · Decided August 31, 2016 · Eng, Rivera, Dickerson, Hinds-Radix, Maltese
142 A.D.3d 717; 36 N.Y.S.3d 920
People v. Gonzalez

Opinion

— Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Gubbay, J.), imposed September 17, 2014, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

*718 The defendant’s purported waiver of the right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 267 [2011]; People v Lopez, 6 NY3d 248, 257 [2006]; People v Brown, 122 AD3d 133 [2014]) 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., Rivera, Dickerson, Hinds-Radix and Maltese, JJ., concur.

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