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People v. Ortiz

Supreme Court, Appellate Division, Second Department, New York.
Sep 27, 2017
153 A.D.3d 1434 (N.Y. App. Div. 2017)

Opinion

09-27-2017

The PEOPLE, etc., respondent, v. James ORTIZ, appellant.

Lynn W.L. Fahey, New York, NY, for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Amy Appelbaum of counsel; Ruby D. Andrade on the memorandum), for respondent.


Lynn W.L. Fahey, New York, NY, for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Amy Appelbaum of counsel; Ruby D. Andrade on the memorandum), for respondent.

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 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ), and, thus, does not preclude appellate review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

ENG, P.J., LEVENTHAL, AUSTIN, DUFFY and BARROS, JJ., concur.


Summaries of

People v. Ortiz

Supreme Court, Appellate Division, Second Department, New York.
Sep 27, 2017
153 A.D.3d 1434 (N.Y. App. Div. 2017)
Case details for

People v. Ortiz

Case Details

Full title:The PEOPLE, etc., respondent, v. James ORTIZ, appellant.

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

Date published: Sep 27, 2017

Citations

153 A.D.3d 1434 (N.Y. App. Div. 2017)
60 N.Y.S.3d 696