Legal Opinion

People v. Ayala

Appellate Division of the Supreme Court of the State of New York

Decided September 21, 2016No. 2015-02775PublishedCited by 10 opinions

1Opinion of the Court

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Holder, J.), imposed December 17, 2014, 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, 265 [2011 ]; People v Lopez, 6 NY3d 248, 256-257 [2006]; People v Caraballo, 127 AD3d 1103 [2015]; People v Jagroo, 123 AD3d 945 [2014]) and, thus, does not preclude review of his excessive sentence claim. Although the defendant has served…

2Cases cited6 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. LopezNew York Court of Appeals · 2006
  3. People v. BradshawNew York Court of Appeals · 2011
  4. People v. AisewomhonioAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. CaraballoAppellate Division of the Supreme Court of the State of New York · 2015

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. People v. ScottAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. Aguilar (Misael)Appellate Terms of the Supreme Court of New York · 2019
  3. People v. BroderickAppellate Division of the Supreme Court of the State of New York · 2018
  4. People v. GrahamAppellate Division of the Supreme Court of the State of New York · 2019
  5. People v. JuarezAppellate Division of the Supreme Court of the State of New York · 2019

5 more not listed; retrieve them via the Exa API.

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