People v. Rountree

2026 NY Slip Op 02135 · Supreme Court of the State of New York, Appellate Division, Second Judicial Department · April 8, 2026 · No. 2023-05354

Summary

The Appellate Division, Second Department, affirmed Brandon Rountree's sentence imposed after his guilty plea. The court held that he did not validly waive his right to appeal the excessiveness of his sentence, but concluded that the sentence was not excessive.

Holdings

  1. Defendant did not validly waive his right to appeal the excessiveness of his sentence because the plea court expressly excluded that challenge from the scope of the appeal waiver.
  2. The sentence imposed was not excessive.

Questions Presented

  1. Whether defendant validly waived his right to appeal the excessiveness of his sentence.
  2. Whether the sentence imposed following defendant's guilty plea was excessive.

Disposition

affirmed

Cases Cited (3)

  • People v. Arriaza-Ortega, 216 A.D.3d 1175, 1175(followed)
  • People v. Moye, 164 A.D.3d 698, 698(followed)
  • People v. Suitte, 90 A.D.2d 80(followed)

Cited In (0)

No citing cases on record yet.

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