Legal Opinion
People v. Collins
Appellate Division of the Supreme Court of the State of New York
Decided March 13, 2013PublishedCited by 5 opinions
1Opinion of the Court
Appeal by defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Mondo, J.), imposed August 16, 2011, 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, the 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 does…
2Cases cited7 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. RamosNew York Court of Appeals · 2006
- People v. ElmerNew York Court of Appeals · 2012
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2016
- People v. TerrellAppellate Division of the Supreme Court of the State of New York · 2013
- People v. TaylorAppellate Division of the Supreme Court of the State of New York · 2015
- People v. TaylorAppellate Division of the Supreme Court of the State of New York · 2015
- People v. TerrellAppellate Division of the Supreme Court of the State of New York · 2013