People v. Dietz , 152 A.D.3d 717 ( 2017 )


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  • People v Dietz (2017 NY Slip Op 05749)
    People v Dietz
    2017 NY Slip Op 05749
    Decided on July 19, 2017
    Appellate Division, Second Department
    Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
    This opinion is uncorrected and subject to revision before publication in the Official Reports.


    Decided on July 19, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
    RANDALL T. ENG, P.J.
    JOHN M. LEVENTHAL
    SANDRA L. SGROI
    JOSEPH J. MALTESE, JJ.

    2016-06864
    (Ind. No. 1379-15)

    [*1]The People of the State of New York, respondent,

    v

    Desiree M. Dietz, appellant.




    Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.

    Thomas J. Spota, District Attorney, Riverhead, NY (Elizabeth Miller of counsel), for respondent.



    DECISION & ORDER

    Appeal by the defendant, as limited by her brief, from a sentence of the Supreme Court, Suffolk County (Ambro, J.), imposed April 25, 2016, upon her plea of guilty, on the ground that the sentence was excessive.

    ORDERED that the sentence is affirmed.

    The defendant knowingly, voluntarily, and intelligently waived her right to appeal (see People v Bryant, 28 NY3d 1094; People v Sanders, 25 NY3d 337, 339-342; People v Lopez, 6 NY3d 248, 256-257). The defendant's valid waiver precludes appellate review of her contention that the sentence imposed was excessive (see People v Lopez, 6 NY3d at 255-256; People v Kilpatrick, 148 AD3d 1183).

    ENG, P.J., LEVENTHAL, SGROI and MALTESE, JJ., concur.

    ENTER:

    Aprilanne Agostino

    Clerk of the Court



Document Info

Docket Number: 2016-06864

Citation Numbers: 2017 NY Slip Op 5749, 152 A.D.3d 717, 55 N.Y.S.3d 904

Filed Date: 7/19/2017

Precedential Status: Precedential

Modified Date: 1/12/2023