Legal Opinion

People v. Burnett-Hicks

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

Decided November 18, 2015No. 2012-03056PublishedCited by 16 opinions

1Opinion of the Court

Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed December 15, 2011, 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 her right to appeal was invalid. The…

2Cases cited14 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. HidalgoNew York Court of Appeals · 1998
  4. People v. BradshawNew York Court of Appeals · 2011
  5. The People v. Rasaun SandersNew York Court of Appeals · 2015

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

3Cited by16 opinions

  1. People v. HeadAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. SimonAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. AlstonAppellate Division of the Supreme Court of the State of New York · 2018
  5. People v. FitzhughAppellate Division of the Supreme Court of the State of New York · 2018

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

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