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People v. Ruiz

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 27, 2017
2017 N.Y. Slip Op. 9173 (N.Y. App. Div. 2017)

Opinion

2016-02640

12-27-2017

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

Paul Skip Laisure, New York, NY (Bryan D. Kreykes of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Danielle S. Fenn of counsel; Deanna Russo on the memorandum), for respondent.


WILLIAM F. MASTRO ROBERT J. MILLER HECTOR D. LASALLE VALERIE BRATHWAITE NELSON, JJ. (S.C.I. No. 10042/16)

Paul Skip Laisure, New York, NY (Bryan D. Kreykes of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Danielle S. Fenn of counsel; Deanna Russo 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 (Melendez, J., at plea; Zaro, J., at sentence), imposed February 23, 2016, 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 the right to appeal was invalid (see People v Moyett, 7 NY3d 892, 892-893; People v Billingslea, 6 NY3d 248, 257) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant's contention, the sentence imposed was not excessive (see CPL 470.15[6][b]; People v Suitte, 90 AD2d 80).

ENG, P.J., MASTRO, MILLER, LASALLE and BRATHWAITE NELSON, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Ruiz

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 27, 2017
2017 N.Y. Slip Op. 9173 (N.Y. App. Div. 2017)
Case details for

People v. Ruiz

Case Details

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

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

Date published: Dec 27, 2017

Citations

2017 N.Y. Slip Op. 9173 (N.Y. App. Div. 2017)