Appellate Division of the Supreme Court of New York, 2017

People v. Bovian

People v. Bovian
Appellate Division of the Supreme Court of New York · Decided March 15, 2017 · Eng, Leventhal, Cohen, Lasalle, Barros
2017 NY Slip Op 1878; 148 A.D.3d 924; 48 N.Y.S.3d 607
People v. Bovian

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Gubbay, J.), imposed November 21, 2014, 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, 265 [2011]; People v Rennick, 123 AD3d 1146 [2014]; People v Reyes, 121 AD3d 820 [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., Leventhal, Cohen, LaSalle and Barros, JJ., concur.

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