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People v. Dietz

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 19, 2017
2017 N.Y. Slip Op. 5749 (N.Y. App. Div. 2017)

Opinion

2016-06864

07-19-2017

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.


JOHN M. LEVENTHAL SANDRA L. SGROI JOSEPH J. MALTESE, JJ. (Ind. No. 1379-15)

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


Summaries of

People v. Dietz

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 19, 2017
2017 N.Y. Slip Op. 5749 (N.Y. App. Div. 2017)
Case details for

People v. Dietz

Case Details

Full title:The People of the State of New York, respondent, v. Desiree M. Dietz…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Jul 19, 2017

Citations

2017 N.Y. Slip Op. 5749 (N.Y. App. Div. 2017)