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People v. Dietz

Supreme Court, Appellate Division, Second Department, New York.
Jul 19, 2017
55 N.Y.S.3d 904 (N.Y. App. Div. 2017)

Opinion

07-19-2017

The PEOPLE, etc., 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.


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.

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 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 ; People v. Sanders, 25 N.Y.3d 337, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The defendant's valid waiver precludes appellate review of her contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Kilpatrick, 148 A.D.3d 1183, 49 N.Y.S.3d 309 ).

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


Summaries of

People v. Dietz

Supreme Court, Appellate Division, Second Department, New York.
Jul 19, 2017
55 N.Y.S.3d 904 (N.Y. App. Div. 2017)
Case details for

People v. Dietz

Case Details

Full title:The PEOPLE, etc., respondent, v. Desiree M. DIETZ, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Jul 19, 2017

Citations

55 N.Y.S.3d 904 (N.Y. App. Div. 2017)