Legal Opinion

People v. Belton

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

Decided August 12, 2015No. 2013-01933Published

1Opinion of the Court

Appeal by the

defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Chin-Brandt, J.), imposed July 18, 2012, 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 Santana, 122 AD3d 949, 949 [2014]; People v Lian Qiu, 121 AD3d 918, 919 [2014]; People v Contreras, 112 AD3d 649, 649 [2013]; People v Torres, 109 AD3d 669, 669 [2013]; People v Newson, 106 AD3d 839, 840 [2013]) and, thus, does not preclude review of his claim…

2Cases cited6 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. NewsonAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. ContrerasAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. SantanaAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. Lian QiuAppellate Division of the Supreme Court of the State of New York · 2014

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