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People v. Grenardo

Supreme Court, Appellate Division, Second Department, New York.
Feb 7, 2018
158 A.D.3d 647 (N.Y. App. Div. 2018)

Opinion

2016–05617 Ind. No. 799/15

02-07-2018

The PEOPLE, etc., respondent, v. Elden GRENARDO, appellant.

Paul Skip Laisure, New York, N.Y. (Sean H. Murray of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas Ross of counsel; Ruby D. Andrade on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Sean H. Murray of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas Ross of counsel; Ruby D. Andrade on the memorandum), for respondent.

ALAN D. SCHEINKMAN, P.J., RUTH C. BALKIN, L. PRISCILLA HALL, COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Cassandra Mullen, J.), imposed April 26, 2016, 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 the right to appeal was invalid (see People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Johnson, 135 A.D.3d 960, 23 N.Y.S.3d 577 ) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant's contention, the period of postrelease supervision imposed as part of the sentence was not excessive (see People v. Jordan, 153 A.D.3d 1433, 60 N.Y.S.3d 691 ; People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

SCHEINKMAN, P.J., BALKIN, HALL, DUFFY and BRATHWAITE NELSON, JJ., concur.


Summaries of

People v. Grenardo

Supreme Court, Appellate Division, Second Department, New York.
Feb 7, 2018
158 A.D.3d 647 (N.Y. App. Div. 2018)
Case details for

People v. Grenardo

Case Details

Full title:The PEOPLE, etc., respondent, v. Elden GRENARDO, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Feb 7, 2018

Citations

158 A.D.3d 647 (N.Y. App. Div. 2018)
67 N.Y.S.3d 855