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People v. Laboriel

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jun 30, 2021
195 A.D.3d 1042 (N.Y. App. Div. 2021)

Opinion

2019–03799 Ind. No. 2068/17

06-30-2021

The PEOPLE, etc., respondent, v. Amin LABORIEL, appellant.

Paul Skip Laisure, New York, N.Y. (Lisa Napoli of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, N.Y. (Johnnette Traill and Hannah X. Scotti of counsel), for respondent.


Paul Skip Laisure, New York, N.Y. (Lisa Napoli of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, N.Y. (Johnnette Traill and Hannah X. Scotti of counsel), for respondent.

HECTOR D. LASALLE, P.J., WILLIAM F. MASTRO, ROBERT J. MILLER, COLLEEN D. DUFFY, PAUL WOOTEN, JJ.

DECISION & ORDER ON MOTION

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Richard L. Buchter, J.), imposed March 6, 2019, upon his plea of guilty, on the grounds that the sentence was illegal and excessive.

ORDERED that the sentence is affirmed.

The sentence imposed was not illegal (see People ex rel. Johnson v. Superintendent, Adirondack Corr. Facility, 36 N.Y.3d 187, 140 N.Y.S.3d 124, 163 N.E.3d 1041 ; People ex rel. McCurdy v. Warden, Westchester County Corr. Facility, 36 N.Y.3d 251, 140 N.Y.S.3d 170, 163 N.E.3d 1087 ) or excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ). To the extent that the defendant challenges the validity of his plea of guilty, this contention is improperly raised on this excessive sentence appeal (see 22 NYCRR 670.11 [b]).

LASALLE, P.J., MASTRO, MILLER, DUFFY and WOOTEN, JJ., concur.


Summaries of

People v. Laboriel

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jun 30, 2021
195 A.D.3d 1042 (N.Y. App. Div. 2021)
Case details for

People v. Laboriel

Case Details

Full title:The People of the State of New York, respondent, v. Amin Laboriel…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Jun 30, 2021

Citations

195 A.D.3d 1042 (N.Y. App. Div. 2021)
2021 N.Y. Slip Op. 4150
146 N.Y.S.3d 810

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