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People v. Dominguez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 18, 2017
2017 N.Y. Slip Op. 7271 (N.Y. App. Div. 2017)

Opinion

2015-04851

10-18-2017

The People of the State of New York, respondent, v. Pedro Dominguez, appellant.

Paul Skip Laisure, New York, NY (Leila Hull of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Merri Turk Lasky of counsel; Jacob Wells on the memorandum), for respondent.


L. PRISCILLA HALL LEONARD B. AUSTIN COLLEEN D. DUFFY FRANCESCA E. CONNOLLY, JJ. (S.C.I. No. 2449/12)

Paul Skip Laisure, New York, NY (Leila Hull of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Merri Turk Lasky of counsel; Jacob Wells on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Chin-Brandt, J.), imposed May 20, 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 Lopez, 6 NY3d 248, 256; People v Brown, 122 AD3d 133, 141) 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).

ENG, P.J., HALL, AUSTIN, DUFFY and CONNOLLY, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Dominguez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 18, 2017
2017 N.Y. Slip Op. 7271 (N.Y. App. Div. 2017)
Case details for

People v. Dominguez

Case Details

Full title:The People of the State of New York, respondent, v. Pedro Dominguez…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Oct 18, 2017

Citations

2017 N.Y. Slip Op. 7271 (N.Y. App. Div. 2017)