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People v. SerranoPeople v. Serrano

Appellate Division of the Supreme Court of the State of New York
Jun 17, 2015
2012-06384
Versions:129 A.D.3d 997
10 N.Y.S.3d 448
2015 NY Slip Op 05213

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]). Although the defendant has served the sentence imposed, in light of the collateral immigration consequences to him, the question of whether the defendant‘s sentence was excessive is not academic (see People v Cardenas, 123 AD3d 940 [2014]). However, considering all of the relevant circumstances of this matter, including the collateral immigration consequences to the defendant (see People v Weston, 98 AD3d 1066 [2012]; People v Bakare, 280 AD2d 679 [2001]; People v Cuaran, 261 AD2d 169 [1999]), the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Rivera, Austin, Cohen and Barros, JJ., concur.

Case Details

Case Name: People v. Serrano
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jun 17, 2015
Citations: 129 A.D.3d 997; 10 N.Y.S.3d 448; 2015 NY Slip Op 05213; 2012-06384
Docket Number: 2012-06384
Court Abbreviation: N.Y. App. Div.
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