Legal Opinion

People v. Cadenas

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

Decided September 19, 2012Published

1Opinion of the Court

— Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (D’Emic, J.), imposed June 17, 2011, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

Contrary to the People’s contention, the defendant did not validly waive his right to appeal (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Wright, 89 AD3d 874, 874-875 [2011]). However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Mastro, A.PJ., Rivera, Belen, Roman and Sgroi, JJ., concur.

2Cases cited3 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. WrightAppellate Division of the Supreme Court of the State of New York · 2011