People v. Suarez-Montoya
| Decision Date | 13 May 2020 |
| Docket Number | Ind. No. 786/17,2018–06678 |
| Parties | The PEOPLE, etc., respondent, v. Carlos SUAREZ–MONTOYA, appellant. |
| Court | New York Supreme Court — Appellate Division |
Janet E. Sabel, New York, N.Y. (Antonio Villaamil of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Ellen C. Abbot of counsel; Victoria Randall on the memorandum), for respondent.
MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Deborah Stevens Modica, J.), imposed June 8, 2017, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's waiver of the right to appeal was invalid, because the Supreme Court incorrectly stated during the discussion of the appeal waiver that the waiver encompassed post-conviction motions (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970, 2019 N.Y. Slip Op. 08545 ). Therefore, the purported waiver does not foreclose appellate review of the issue of whether the sentence imposed was excessive.
However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
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