Legal Opinion

People v. Murphy

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

Decided June 7, 2017No. 2014-06516Published

1Opinion of the Court

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Mullings, J.), imposed July 29, 2013, 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 Ellis, 146 AD3d 806 [2017]; People v Bruzzo, 136 AD3d 1050 [2016]; People v Quezada, 122 AD3d 948 [2014]; People v Angelis, 94 AD3d 902 [2012]) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see…

2Cases cited5 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. QuezadaAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. AngelisAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. BruzzoAppellate Division of the Supreme Court of the State of New York · 2016
  5. People v. EllisAppellate Division of the Supreme Court of the State of New York · 2017

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