People v. Lyons, 2014–09017
| Court | New York Supreme Court Appellate Division |
| Citation | 74 N.Y.S.3d 500 (Mem),161 A.D.3d 1196 |
| Decision Date | 30 May 2018 |
| Parties | The PEOPLE, etc., respondent, v. Beth LYONS, appellant. |
| Docket Number | Ind. No. 4/13,2014–09017 |
161 A.D.3d 1196
74 N.Y.S.3d 500 (Mem)
The PEOPLE, etc., respondent,
v.
Beth LYONS, appellant.
2014–09017
Ind. No. 4/13
Supreme Court, Appellate Division, Second Department, New York.
Submitted—December 18, 2017
May 30, 2018
Paul Skip Laisure, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant.
Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., SYLVIA O. HINDS–RADIX, JOSEPH J. MALTESE, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Richmond County (Stephen J. Rooney, J.), imposed June 12, 2014, upon her plea of guilty, on the ground that the sentence was excessive. Cross motion by the respondent to dismiss the appeal on the ground that it is barred by CPL 450.10(1).
ORDERED that the cross motion is denied; and it is further,
ORDERED that the sentence is affirmed.
The defendant's valid waiver of her right to appeal precludes review of her contention that the sentence imposed was excessive (see People v. Bradshaw, 18 N.Y.3d 257, 264–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 ; People v. Barone, 120 A.D.3d 826, 991 N.Y.S.2d 366 ).
CHAMBERS, J.P., HINDS–RADIX, MALTESE and IANNACCI, JJ., concur.
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People v. Swen, 2016–00040
...affect the constitutionality of CPL 450.10(1) (see People v. Walker, 164 A.D.3d 623, 78 N.Y.S.3d 675 [2d Dept. 2018] ; People v. Lyons, 161 A.D.3d 1196, 74 N.Y.S.3d 500 ; cf. William C. Donnino, 2016 Supplementary Practice Commentaries, McKinney's Cons Laws of NY, CPL 470.15 ). Accordingly,......
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People v. Mieles, 2014–05278
...161 A.D.3d 119674 N.Y.S.3d 514 (Mem)The PEOPLE, etc., respondent,v.Juan MIELES, appellant.2014–05278Ind. No. 3392/11Supreme Court, Appellate Division, Second Department, New York.Decided May 30, 2018Paul Skip Laisure, New York, N.Y. (Lauren E. Jones of counsel), for appellant.Richard A. Bro......
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People v. Basurto-Lopez, 2016–11319
...that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see84 N.Y.S.3d 906 People v. Lyons, 161 A.D.3d 1196, 74 N.Y.S.3d 500 ; People v. Marrero, 153 A.D.3d 1364, 59 N.Y.S.3d 905 ; People v. Miranda, 144 A.D.3d 844, 40 N.Y.S.3d 274 ). The defendant's valid w......
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Young v. Young, 2017–03589
...counsel fees awarded to the attorney for the child.Courts are authorized to direct that " ‘a parent who has sufficient financial means 74 N.Y.S.3d 500to do so pay some or all of the [attorney for the child's] fees' " ( Pascazi v. Pascazi, 65 A.D.3d 1202, 1203, 885 N.Y.S.2d 735, quoting Matt......
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People v. Swen, 2016–00040
...affect the constitutionality of CPL 450.10(1) (see People v. Walker, 164 A.D.3d 623, 78 N.Y.S.3d 675 [2d Dept. 2018] ; People v. Lyons, 161 A.D.3d 1196, 74 N.Y.S.3d 500 ; cf. William C. Donnino, 2016 Supplementary Practice Commentaries, McKinney's Cons Laws of NY, CPL 470.15 ). Accordingly,......
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People v. Mieles, 2014–05278
...161 A.D.3d 119674 N.Y.S.3d 514 (Mem)The PEOPLE, etc., respondent,v.Juan MIELES, appellant.2014–05278Ind. No. 3392/11Supreme Court, Appellate Division, Second Department, New York.Decided May 30, 2018Paul Skip Laisure, New York, N.Y. (Lauren E. Jones of counsel), for appellant.Richard A. Bro......
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People v. Basurto-Lopez, 2016–11319
...that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see84 N.Y.S.3d 906 People v. Lyons, 161 A.D.3d 1196, 74 N.Y.S.3d 500 ; People v. Marrero, 153 A.D.3d 1364, 59 N.Y.S.3d 905 ; People v. Miranda, 144 A.D.3d 844, 40 N.Y.S.3d 274 ). The defendant's valid w......
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Young v. Young, 2017–03589
...counsel fees awarded to the attorney for the child.Courts are authorized to direct that " ‘a parent who has sufficient financial means 74 N.Y.S.3d 500to do so pay some or all of the [attorney for the child's] fees' " ( Pascazi v. Pascazi, 65 A.D.3d 1202, 1203, 885 N.Y.S.2d 735, quoting Matt......