Narrative Opinion Summary
Orlen Solizgalvez appealed a judgment from the Supreme Court of Suffolk County, which convicted him of second-degree murder following a guilty plea and sentenced him on September 8, 2016. The Appellate Division, Second Department, affirmed the judgment. The court noted that Solizgalvez's waiver of the right to appeal was invalid based on precedents, thus allowing for the review of his claim regarding the excessiveness of the sentence. Ultimately, the court found that the sentence imposed was not excessive. The decision was rendered by Justices Reinaldo E. Rivera, Cheryl E. Chambers, Sheri S. Roman, and Angela G. Iannacci.
Legal Issues Addressed
Excessiveness of Sentencesubscribe to see similar legal issues
Application: Upon review, the court concluded that the sentence imposed on Solizgalvez was not excessive despite the invalid waiver of the right to appeal.
Reasoning: Ultimately, the court found that the sentence imposed was not excessive.
Waiver of the Right to Appealsubscribe to see similar legal issues
Application: The court determined that the waiver of the right to appeal was invalid, which permitted the review of the defendant's claim regarding the excessiveness of the sentence.
Reasoning: The court noted that Solizgalvez's waiver of the right to appeal was invalid based on precedents, thus allowing for the review of his claim regarding the excessiveness of the sentence.