Legal Opinion

People v. Kupershmidt

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

Decided July 26, 2017No. 2015-12601PublishedCited by 11 opinions

1Opinion of the Court

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed December 4, 2015, 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 cited10 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. BradshawNew York Court of Appeals · 2011
  4. People v. RamosNew York Court of Appeals · 2006
  5. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2014

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

3Cited by11 opinions

  1. People v. CardielloAppellate Division of the Supreme Court of the State of New York · 2018
  2. People v. GunissAppellate Division of the Supreme Court of the State of New York · 2018
  3. People v. HowardAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. Keishawn W.Appellate Division of the Supreme Court of the State of New York · 2018
  5. People v. MillerAppellate Division of the Supreme Court of the State of New York · 2018

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

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