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People v. Saldana

Supreme Court, Appellate Division, Second Department, New York.
Jul 30, 2014
119 A.D.3d 965 (N.Y. App. Div. 2014)

Opinion

2014-07-30

The PEOPLE, etc., respondent, v. Francisco SALDANA, appellant.

Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Robert Ho on the memorandum), for respondent.


Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Robert Ho 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 March 28, 2012, 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. Bradshaw, 18 N.Y.3d 257, 265, 938 N.Y.S.2d 254, 961 N.E.2d 645;People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145;People v. Donohue, 118 A.D.3d 908, 987 N.Y.S.2d 240;People v. Jones, 117 A.D.3d 878, 984 N.Y.S.2d 876) and, thus, does not preclude 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., RIVERA, LEVENTHAL and SGROI, JJ., concur.


Summaries of

People v. Saldana

Supreme Court, Appellate Division, Second Department, New York.
Jul 30, 2014
119 A.D.3d 965 (N.Y. App. Div. 2014)
Case details for

People v. Saldana

Case Details

Full title:The PEOPLE, etc., respondent, v. Francisco SALDANA, appellant.

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

Date published: Jul 30, 2014

Citations

119 A.D.3d 965 (N.Y. App. Div. 2014)
119 A.D.3d 965
2014 N.Y. Slip Op. 5563

Citing Cases

People v. Saldana

Disposition: Applications for Criminal Leave to appeal denied Decision Reported Below: 2d Dept: 119 AD3d 965…