Legal Opinion

People v. Gonzalez

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

Decided August 31, 2016No. 2014-09897PublishedCited by 2 opinions

1Opinion of the Court

— Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Gubbay, J.), imposed September 17, 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 the right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 267 [2011]; People v Lopez, 6 NY3d 248, 257 [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…

2Cases cited4 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. BrownAppellate Division of the Supreme Court of the State of New York · 2014

3Cited by2 opinions

  1. People v. CooperAppellate Division of the Supreme Court of the State of New York · 2020
  2. People v. PorterAppellate Division of the Supreme Court of the State of New York · 2017

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