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People v. Lopez

Supreme Court, Appellate Division, Second Department, New York.
Dec 27, 2017
156 A.D.3d 903 (N.Y. App. Div. 2017)

Opinion

2016–12334 2016–12335 Ind. Nos. 985/16 1462/16

12-27-2017

The PEOPLE, etc., respondent, v. Steven H. LOPEZ, appellant.

Paul Skip Laisure, New York, N.Y. (Denise A. Corsí of counsel), for appellant.


Paul Skip Laisure, New York, N.Y. (Denise A. Corsí of counsel), for appellant.

RANDALL T. ENG, P.J., WILLIAM F. MASTRO, SHERI S. ROMAN, HECTOR D. LASALLE, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Queens County (Griffin, J.), both imposed October 25, 2016, 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, 267, 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. DeSimone, 80 N.Y.2d 273, 283, 590 N.Y.S.2d 46, 604 N.E.2d 108 ) 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., MASTRO, ROMAN, LASALLE and CHRISTOPHER, JJ., concur.


Summaries of

People v. Lopez

Supreme Court, Appellate Division, Second Department, New York.
Dec 27, 2017
156 A.D.3d 903 (N.Y. App. Div. 2017)
Case details for

People v. Lopez

Case Details

Full title:The PEOPLE, etc., respondent, v. Steven H. LOPEZ, appellant.

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

Date published: Dec 27, 2017

Citations

156 A.D.3d 903 (N.Y. App. Div. 2017)
65 N.Y.S.3d 806

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