People v. Ellis
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, Queens County (Mullings, J.), imposed May 29, 2014, upon his plea of guilty, 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 Bradshaw, 18 NY3d 257, 265 [2011]) 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, Cohen, LaSalle and Connolly, JJ., concur.
2Cases cited2 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. BradshawNew York Court of Appeals · 2011
3Cited by2 opinions
- People v. MurphyAppellate Division of the Supreme Court of the State of New York · 2017
- People v. TorresAppellate Division of the Supreme Court of the State of New York · 2019