General

The People of the State of New York, Respondent, v. Kevin C. Whitney, Appellant

125 A.D.3d 795999 N.Y.S.2d 899·New York Supreme Court, Appellate Division·2015·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

The People of the State of New York, Respondent, v Kevin C. Whitney, Appellant. [999 NYS2d 899] [MAJORITY] Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Kron, J.), imposed July 29, 2013, 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 Bradshaw, 18 NY3d 257, 265 [2011]; People v Lopez, 6 NY3d 248, 253 [2006]; People v Pelaez, 100 AD3d 803, 803 [2012]). However, contrary to the defendant’s contention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Rivera, Austin, Cohen and Barros, JJ., concur.