People v. Lopez
Decision Date | 22 March 2005 |
Docket Number | 5669. |
Citation | 2005 NY Slip Op 02317,16 A.D.3d 258,791 N.Y.S.2d 111 |
Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SANDRO LOPEZ, Appellant. |
Court | New York Supreme Court — Appellate Division |
Defendant's valid waiver of his right to appeal encompassed his excessive sentence claim and thus forecloses interest of justice review (People v Seaberg, 74 NY2d 1, 9-10 [1989]). In any event, were we to find that defendant did not validly waive his right to appeal, we would perceive no basis for reducing the sentence.
As the People concede, since the crime was committed before the effective date of the legislation (Penal Law § 60.35 [1] [e]) providing for imposition of a DNA databank fee, that fee should not have been imposed. Since this issue involves the substantive illegality of the sentence, it survives defendant's waiver of his right to appeal.
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People v. Lopez
...find that defendant did not validly waive his right to appeal, we would perceive no basis for reducing the sentence" (16 A.D.3d 258, 258, 791 N.Y.S.2d 111 [1st Dept.2005] [citation omitted]). On defendant's appeal of the excessive sentence issue, we now affirm the Appellate Division's Peopl......
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People v. Lopez
...N.E.2d 978 4 N.Y.3d 888 PEOPLE v. LOPEZ (SANDRO) Court of Appeals of the State of New York May 3, 2005. Appeal from 1st Dept.: 16 A.D.3d 258, 791 N.Y.S.2d 111 Application for leave to appeal—criminal. Granted. (Rosenblatt, J.) ...
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