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People v. Alfaro

Supreme Court, Appellate Division, Second Department, New York.
Nov 15, 2017
155 A.D.3d 887 (N.Y. App. Div. 2017)

Opinion

2012-00780, 2012-00783, 2012-00784.

11-15-2017

The PEOPLE, etc., Respondent, v. William ALFARO, Appellant.

Seymour W. James, Jr., New York, NY (Eve Kessler of Counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Camille O'Hara Gillespie of Counsel; Aleena R. Peerzada on the memorandum), for respondent.


Seymour W. James, Jr., New York, NY (Eve Kessler of Counsel), for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Camille O'Hara Gillespie of Counsel; Aleena R. Peerzada on the memorandum), for respondent.

Appeals by the defendant, as limited by his motion, from three sentences of the Supreme Court, Kings County (Mondo, J.), all imposed January 9, 2012, upon his pleas of guilty, on the ground that the sentences were excessive.

ORDERED that the sentences are affirmed.

The defendant's purported waiver of his right to appeal was invalid (see People v. Bradshaw, 18 N.Y.3d 257, 264–265, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Taylor, 130 A.D.3d 949, 12 N.Y.S.3d 890 ; People v. Brown, 122 A.D.3d 133, 138–141, 992 N.Y.S.2d 297 ), and, thus, does not preclude review of his excessive sentence claims. However, the sentences imposed were not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

ENG, P.J., RIVERA, AUSTIN, COHEN and BARROS, JJ., concur.


Summaries of

People v. Alfaro

Supreme Court, Appellate Division, Second Department, New York.
Nov 15, 2017
155 A.D.3d 887 (N.Y. App. Div. 2017)
Case details for

People v. Alfaro

Case Details

Full title:The PEOPLE, etc., Respondent, v. William ALFARO, Appellant.

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

Date published: Nov 15, 2017

Citations

155 A.D.3d 887 (N.Y. App. Div. 2017)
63 N.Y.S.3d 730