Appellate Division of the Supreme Court of New York, 2017

People v. Garcia

People v. Garcia
Appellate Division of the Supreme Court of New York · Decided March 15, 2017 · Eng, Hall, Cohen, Lasalle, Connolly
2017 NY Slip Op 1884; 148 A.D.3d 928; 48 N.Y.S.3d 609
People v. Garcia

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Chin-Brandt, J.), imposed November 9, 2011, 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 (see People v Bradshaw, 18 NY3d 257, 265 [2011]; People v Rennick, 123 AD3d 1146 [2014]; People v Reyes, 121 AD3d 820 *929 [2014]; People v Coleman, 116 AD3d 708 [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., Hall, Cohen, LaSalle and Connolly, JJ., concur.

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