Opinion · Appellate Division of the Supreme Court of the State of New York

People v. Peck

People v. Peck, 100 A.D.3d 658 (Appellate Division of the Supreme Court of the State of New York 2012)

Type
Opinion
Court
Appellate Division of the Supreme Court of the State of New York
Jurisdiction
New York
Date
2012-11-07
Topic
general

— Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Suffolk County (R. Doyle, J.), imposed March 24, 2011, 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 [2011]; People v Lopez, 6 NY3d 248 [2006]). However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Citator

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Authority status
pending

— Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Suffolk County (R. Doyle, J.), imposed March 24, 2011, 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 [2011]; People v Lopez, 6 NY3d 248 [2006]). However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Mastro, J.E, Skelos, Leventhal, Austin and Cohen, JJ., concur.