Legal Opinion

People v. Pacheco

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

Decided April 20, 2016No. 2013-08568PublishedCited by 18 opinions

1Opinion of the Court

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Latella, J.), imposed July 18, 2013, 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. The record…

2Cases cited8 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

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3Cited by18 opinions

  1. People v. SanteramoAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. BlackAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. KupershmidtAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. CambridgeAppellate Division of the Supreme Court of the State of New York · 2016
  5. People v. AyalaAppellate Division of the Supreme Court of the State of New York · 2017

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