From Casetext: Smarter Legal Research

People v. McBride

Supreme Court, Appellate Division, Second Department, New York.
May 29, 2013
106 A.D.3d 1110 (N.Y. App. Div. 2013)

Opinion

2013-05-29

The PEOPLE, etc., respondent, v. Charles McBRIDE, appellant.

Lynn W.L. Fahey, New York, N.Y., for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel; Robert Ho on the memorandum), for respondent.


Lynn W.L. Fahey, New York, N.Y., for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen 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 September 8, 2011, 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. 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 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., DILLON, CHAMBERS and AUSTIN, JJ., concur.


Summaries of

People v. McBride

Supreme Court, Appellate Division, Second Department, New York.
May 29, 2013
106 A.D.3d 1110 (N.Y. App. Div. 2013)
Case details for

People v. McBride

Case Details

Full title:The PEOPLE, etc., respondent, v. Charles McBRIDE, appellant.

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

Date published: May 29, 2013

Citations

106 A.D.3d 1110 (N.Y. App. Div. 2013)
2013 N.Y. Slip Op. 3856
965 N.Y.S.2d 729

Citing Cases

People v. Pagan

ORDERED that the sentence is affirmed.The defendant's waiver of his right to appeal was invalid and, thus,…

People v. Pagan

ORDERED that the sentence is affirmed. The defendant's waiver of his right to appeal was invalid and, thus,…