104 A.D.3d 960 961 N.Y.S.2d 783

The People of the State of New York, Respondent, v Daniel Sabino, Appellant.

[961 NYS2d 783]

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed July 2, 2010, 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 Elmer, 19 NY3d 501 [2012]; People v Bradshaw, 18 NY3d 257 [2011]; People v Lopez, 6 NY3d 248 [2006]), 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., Mastro, Dillon, Lott and Miller, JJ., concur.

People v. Sabino
104 A.D.3d 960 961 N.Y.S.2d 783

Case Details

Name
People v. Sabino
Decision Date
Mar 27, 2013
Citations

104 A.D.3d 960

961 N.Y.S.2d 783

Jurisdiction
New York

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