People v. Gordon
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, Richmond County (Rienzi, J.), imposed July 16, 2008, 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 cited12 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. BradshawNew York Court of Appeals · 2011
- People v. CallahanNew York Court of Appeals · 1992
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2014
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3Cited by12 opinions
- People v. SanteramoAppellate Division of the Supreme Court of the State of New York · 2017
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- People v. BlackAppellate Division of the Supreme Court of the State of New York · 2016
- People v. KupershmidtAppellate Division of the Supreme Court of the State of New York · 2017
7 more not listed; retrieve them via the Exa API.