Appellate Division of the Supreme Court of New York, 2017

People v. Alvarez

People v. Alvarez
Appellate Division of the Supreme Court of New York · Decided September 20, 2017 · Eng, Rivera, Cohen, Miller, Lasalle
2017 NY Slip Op 6541; 153 A.D.3d 1359; 59 N.Y.S.3d 901; 2017 WL 4158930
People v. Alvarez

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Melendez, J., at plea; Zaro, J., *1360 at sentence), imposed August 17, 2015, 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 Brown, 122 AD3d 133, 138-141 [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, Cohen, Miller and LaSalle, JJ., concur.

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