Legal Opinion

People v. Chavez

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

Decided November 4, 2015No. 2012-07922PublishedCited by 1 opinion

1Opinion of the Court

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Walsh, J.), imposed July 31, 2012, upon his plea of guilty, 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…

2Cases cited7 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
  4. People v. CantareroAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. ReyesAppellate Division of the Supreme Court of the State of New York · 2014

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. People v. ArgilagosAppellate Division of the Supreme Court of the State of New York · 2016

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