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People v. Bollers

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jan 16, 2019
168 A.D.3d 872 (N.Y. App. Div. 2019)

Opinion

2016–04964 Ind. No. 10815/13

01-16-2019

The PEOPLE, etc., Respondent, v. Steve BOLLERS, Appellant.

Paul Skip Laisure, New York, N.Y. (Tammy E. Linn of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel; Robert Ho on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Tammy E. Linn of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel; Robert Ho on the memorandum), for respondent.

REINALDO E. RIVERA, J.P., SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

ORDERED that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid because the Supreme Court did not adequately explain the nature of the rights being waived (see People v. Jackson, 166 A.D.3d 649, 87 N.Y.S.3d 206 ; People v. Chambers, 142 A.D.3d 672, 36 N.Y.S.3d 824 ; People v. Brown, 122 A.D.3d 133, 140, 992 N.Y.S.2d 297 ), 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 ).

RIVERA, J.P., HINDS–RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.


Summaries of

People v. Bollers

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jan 16, 2019
168 A.D.3d 872 (N.Y. App. Div. 2019)
Case details for

People v. Bollers

Case Details

Full title:The People of the State of New York, respondent, v. Steve Bollers…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Jan 16, 2019

Citations

168 A.D.3d 872 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 295
89 N.Y.S.3d 918