People v. Iovino
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Rienzi, J.), imposed November 28, 2011, upon his plea of guilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
A defendant who has validly waived the right to appeal cannot invoke this Court’s interest of justice jurisdiction to obtain a reduced sentence (see People v Lopez, 6 NY3d 248, 255 [2006]). Here, however, this Court is not precluded from exercising its interest of justice jurisdiction because the defendant’s purported waiver of his right to…
2Cases cited11 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. LopezNew York Court of Appeals · 2006
- People v. BradshawNew York Court of Appeals · 2011
- People v. CallahanNew York Court of Appeals · 1992
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2014
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- People v. CambridgeAppellate Division of the Supreme Court of the State of New York · 2016
- People v. AltamiranoAppellate Division of the Supreme Court of the State of New York · 2019
- People v. AriaspachoAppellate Division of the Supreme Court of the State of New York · 2018
- People v. BatistaAppellate Division of the Supreme Court of the State of New York · 2019
- People v. CrochranAppellate Division of the Supreme Court of the State of New York · 2018
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