People v. Paz

Full title: The People of the State of New York, respondent, v. Jose Luis Paz…

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

Date published: Mar 25, 2015

2015 N.Y. Slip Op. 2504 (N.Y. App. Div. 2015)

Opinion

2013-01699 Ind. No. 1866/11

03-25-2015

The People of the State of New York, respondent, v. Jose Luis Paz, appellant.

Lynn W. L. Fahey, New York, N.Y. (William Kastin of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Laura T. Ross of counsel; Shane P. Granberg on the memorandum), for respondent.

RANDALL T. ENG, P.J.

PETER B. SKELOS

JOHN M. LEVENTHAL

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

Lynn W. L. Fahey, New York, N.Y. (William Kastin of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Laura T. Ross of counsel; Shane P. Granberg on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Zayas, J.), imposed December 13, 2012, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's waiver of his right to appeal was invalid and, therefore, does not preclude appellate review of his excessive sentence claim (see People v Bradshaw, 18 NY3d 257, 265). However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

ENG, P.J., SKELOS, LEVENTHAL, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court