People v. Cantarero
Appellate Division of the Supreme Court of the State of New York
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 16, 2011, 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 appeal was invalid. There is…
2Cases cited10 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. LopezNew York Court of Appeals · 2006
- People v. HidalgoNew York Court of Appeals · 1998
- People v. BradshawNew York Court of Appeals · 2011
- People v. RamosNew York Court of Appeals · 2006
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3Cited by21 opinions
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- People v. IovinoAppellate Division of the Supreme Court of the State of New York · 2016
- People v. T.E.Appellate Division of the Supreme Court of the State of New York · 2015
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