Legal Opinion

People v. Roldan

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

Decided September 10, 2014No. 2012-00301PublishedCited by 2 opinions

1Opinion of the Court

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Mondo, J.), imposed December 9, 2011, 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 Lopez, 6 NY3d 248, 257 [2006]) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant’s contention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, EJ., Mastro,…

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. BradshawNew York Court of Appeals · 2011

3Cited by2 opinions

  1. People v. TaylorAppellate Division of the Supreme Court of the State of New York · 2015
  2. People v. TaylorAppellate Division of the Supreme Court of the State of New York · 2015

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