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People v. Rizzo

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jan 18, 2017
2017 N.Y. Slip Op. 325 (N.Y. App. Div. 2017)

Opinion

2014-04431

01-18-2017

The People of the State of New York, respondent, v. Michael Rizzo, appellant.

Lynn W. L. Fahey, New York, NY, for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Victor Barall of counsel; Jenna Tersteegen on the memorandum), for respondent.


LEONARD B. AUSTIN SHERI S. ROMAN JOSEPH J. MALTESE COLLEEN D. DUFFY, JJ. (Ind. No. 6637/13)

Lynn W. L. Fahey, New York, NY, for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Victor Barall of counsel; Jenna Tersteegen on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Gubbay, J.), imposed December 16, 2013, 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 NY3d 257, 267; People v Lopez, 6 NY3d 248, 257; People v Brown, 122 AD3d 133, 145), and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

ENG, P.J., AUSTIN, ROMAN, MALTESE and DUFFY, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Rizzo

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jan 18, 2017
2017 N.Y. Slip Op. 325 (N.Y. App. Div. 2017)
Case details for

People v. Rizzo

Case Details

Full title:The People of the State of New York, respondent, v. Michael Rizzo…

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

Date published: Jan 18, 2017

Citations

2017 N.Y. Slip Op. 325 (N.Y. App. Div. 2017)