People v. Lyons

• Decision Date: 30 May 2018
• Docket Number: Ind. No. 4/13,2014–09017
• Citation: 74 N.Y.S.3d 500 (Mem),161 A.D.3d 1196
• Parties: The PEOPLE, etc., respondent, v. Beth LYONS, appellant.
• Court: New York Supreme Court — Appellate Division

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.