Legal Opinion

People v. Marrero

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

Decided September 20, 2017No. 2015-10628PublishedCited by 3 opinions

1Opinion of the Court

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Rooney, J.), imposed October 15, 2014, 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 Lopez, 6 NY3d 248, 256 [2006]; People v Brown, 122 AD3d 133 [2014]) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, P.J., Hall, Sgroi, Maltese and Connolly, 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. BrownAppellate Division of the Supreme Court of the State of New York · 2014

3Cited by3 opinions

  1. People v. Basurto-LopezAppellate Division of the Supreme Court of the State of New York · 2018
  2. People v. BatistaAppellate Division of the Supreme Court of the State of New York · 2018
  3. People v. SeckAppellate Division of the Supreme Court of the State of New York · 2018