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People v. Vargas

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 3, 2017
2017 N.Y. Slip Op. 3542 (N.Y. App. Div. 2017)

Opinion

2015-12591

05-03-2017

The People of the State of New York, respondent, v. Oscar Vargas, appellant.

Lynn W. L. Fahey, New York, NY (David P. Greenberg of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel; Robert Ho and Ruby D. Andrade on the memorandum), for respondent.


MARK C. DILLON SANDRA L. SGROI JOSEPH J. MALTESE BETSY BARROS, JJ. (Ind. No. 4045/15)

Lynn W. L. Fahey, New York, NY (David P. Greenberg of counsel), for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel; Robert Ho and Ruby D. Andrade 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 (Murphy, J.), imposed November 30, 2015, upon his plea of guilty, on the ground that the sentence is 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, 265; People v Lopez, 6 NY3d 248, 256-257; People v Pacheco, 138 AD3d 1035) 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., DILLON, SGROI, MALTESE and BARROS, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Vargas

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 3, 2017
2017 N.Y. Slip Op. 3542 (N.Y. App. Div. 2017)
Case details for

People v. Vargas

Case Details

Full title:The People of the State of New York, respondent, v. Oscar Vargas…

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

Date published: May 3, 2017

Citations

2017 N.Y. Slip Op. 3542 (N.Y. App. Div. 2017)