Legal Opinion

People v. Laboy

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

Decided September 20, 2017No. 2016-05918PublishedCited by 4 opinions

1Opinion of the Court

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Chin Brandt, J.), imposed May 5, 2016, 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, 267 [2011]; People v Brown, 122 AD3d 133, 137 [2014]; People v Johnson, 109 AD3d 1004 [2013]) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant’s contention, the sentence imposed was not…

2Cases cited4 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. BradshawNew York Court of Appeals · 2011
  3. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2013

3Cited by4 opinions

  1. People v. BaroneAppellate Division of the Supreme Court of the State of New York · 2019
  2. People v. CortezAppellate Division of the Supreme Court of the State of New York · 2018
  3. People v. DavisAppellate Division of the Supreme Court of the State of New York · 2018
  4. People v. SteffensAppellate Division of the Supreme Court of the State of New York · 2018

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