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People v. Morales

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 22, 2017
2017 N.Y. Slip Op. 8283 (N.Y. App. Div. 2017)

Opinion

2015-09397

11-22-2017

The People of the State of New York, respondent, v. Esmerilda Morales, appellant.

Paul Skip Laisure, New York, NY, for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Solomon Neubort, and Kristen A. Carroll of counsel), for respondent.


L. PRISCILLA HALL LEONARD B. AUSTIN COLLEEN D. DUFFY FRANCESCA E. CONNOLLY, JJ. (Ind. No. 10799/11)

Paul Skip Laisure, New York, NY, for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Solomon Neubort, and Kristen A. Carroll of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Kings County (D'Emic, J.), imposed July 30, 2015, upon her plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's purported waiver of her right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 267; People v Lopez, 6 NY3d 248, 257; People v DeSimone, 80 NY2d 273, 283) and, thus, does not preclude review of her excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

ENG, P.J., HALL, AUSTIN, DUFFY and CONNOLLY, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Morales

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 22, 2017
2017 N.Y. Slip Op. 8283 (N.Y. App. Div. 2017)
Case details for

People v. Morales

Case Details

Full title:The People of the State of New York, respondent, v. Esmerilda Morales…

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

Date published: Nov 22, 2017

Citations

2017 N.Y. Slip Op. 8283 (N.Y. App. Div. 2017)