Appellate Division of the Supreme Court of New York, 2017

People v. Ortiz

People v. Ortiz
Appellate Division of the Supreme Court of New York · Decided September 27, 2017 · Eng, Leventhal, Austin, Duffy, Bar-Ros
2017 NY Slip Op 6665; 153 A.D.3d 1434; 60 N.Y.S.3d 696
People v. Ortiz

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (D’Emic, J.), imposed November 18, 2015, upon his plea of guilty, on the ground that the sentence imposed 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 [2011]; People v Brown, 122 AD3d 133 [2014]), and, thus, does not preclude appellate 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, Austin, Duffy and Bar-ros, JJ., concur.

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