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People v. Rivera

Supreme Court, Appellate Division, Second Department, New York.
Oct 9, 2013
110 A.D.3d 835 (N.Y. App. Div. 2013)

Opinion

2013-10-9

The PEOPLE, etc., respondent, v. Wilfredo RIVERA, appellant.

Lynn W.L. Fahey, New York, N.Y.(David P. Greenberg of counsel), for appellant. *898Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Merri Turk Lasky of counsel; Steven H. Ju on the memorandum), for respondent.


Lynn W.L. Fahey, New York, N.Y.(David P. Greenberg of counsel), for appellant. *898Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Merri Turk Lasky of counsel; Steven H. Ju on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Kron, J.), imposed May 29, 2012, 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 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645;People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145;People v. Bookard, 68 A.D.3d 1128, 890 N.Y.S.2d 343) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant's contention, the sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

ENG, P.J., ANGIOLILLO, BALKIN and HALL, JJ., concur.


Summaries of

People v. Rivera

Supreme Court, Appellate Division, Second Department, New York.
Oct 9, 2013
110 A.D.3d 835 (N.Y. App. Div. 2013)
Case details for

People v. Rivera

Case Details

Full title:The PEOPLE, etc., respondent, v. Wilfredo RIVERA, appellant.

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

Date published: Oct 9, 2013

Citations

110 A.D.3d 835 (N.Y. App. Div. 2013)
2013 N.Y. Slip Op. 6594
971 N.Y.S.2d 897

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