Legal Opinion

People v. Garcia

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

Decided March 15, 2017No. 2012-09412Published

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 November 9, 2011, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 265 [2011]; People v Rennick, 123 AD3d 1146 [2014]; People v Reyes, 121 AD3d 820 [2014]; People v Coleman, 116 AD3d 708 [2014]) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90…

2Cases cited5 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. BradshawNew York Court of Appeals · 2011
  3. People v. ReyesAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. ColemanAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. RennickAppellate Division of the Supreme Court of the State of New York · 2014

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