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People v. Saveljevs

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Feb 19, 2020
180 A.D.3d 943 (N.Y. App. Div. 2020)

Opinion

2017-09406 Ind. No. 7027/16

02-19-2020

The PEOPLE, etc., Respondent, v. Aleksejs SAVELJEVS, Appellant.

Janet E. Sabel, New York, N.Y. (Laura Lieberman Cohen of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Gamaliel Marrero of counsel; Luc B. Walkington on the brief), for respondent.


Janet E. Sabel, New York, N.Y. (Laura Lieberman Cohen of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Gamaliel Marrero of counsel; Luc B. Walkington on the brief), for respondent.

MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Martin P. Murphy, J.), rendered March 28, 2017, convicting him of robbery in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Although the defendant has served his sentence, the question of whether the sentence imposed should be reduced is not academic, because the sentence imposed has potential immigration consequences (see People v. Juarez, 174 A.D.3d 822, 822, 102 N.Y.S.3d 878 ; People v. Broderick, 165 A.D.3d 972, 972, 83 N.Y.S.3d 915 ; People v. Ayala, 142 A.D.3d 1095, 1095, 37 N.Y.S.3d 712 ). Considering all of the relevant circumstances of this case, we conclude that the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

DILLON, J.P., AUSTIN, ROMAN, HINDS–RADIX and CHRISTOPHER, JJ., concur.


Summaries of

People v. Saveljevs

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Feb 19, 2020
180 A.D.3d 943 (N.Y. App. Div. 2020)
Case details for

People v. Saveljevs

Case Details

Full title:The People of the State of New York, respondent, v. Aleksejs Saveljevs…

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

Date published: Feb 19, 2020

Citations

180 A.D.3d 943 (N.Y. App. Div. 2020)
180 A.D.3d 943
2020 N.Y. Slip Op. 1194