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People v. Capps

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 5, 2009
63 A.D.3d 1632 (N.Y. App. Div. 2009)

Opinion

No. 812 KA 08-00581.

June 5, 2009.

Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered February 21, 2007. The judgment convicted defendant, upon her plea of guilty, of manslaughter in the first degree.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (BARBARA J. DAVIES OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (J. MICHAEL MARION OF COUNSEL), FOR RESPONDENT.

Present: Scudder, P.J., Martoche, Fahey, Carni and Pine, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of manslaughter in the first degree (Penal Law § 125.20). We conclude that the waiver by defendant of the right to appeal was knowingly and voluntarily entered ( see People v Lopez, 6 NY3d 248, 256), and that valid waiver encompasses her challenge to the severity of the sentence ( see id.; People v Kearns, 50 AD3d 1514, lv denied 11 NY3d 790). The valid waiver also encompasses the contention of defendant that County Court should have afforded her youthful offender status ( see Kearns, 50 AD3d at 1515) and, in any event, defendant failed to preserve her contention for our review inasmuch as she did not request that status during the plea proceedings or at sentencing ( see People v Fowler, 28 AD3d 1183, 1184, lv denied 7 NY3d 788).


Summaries of

People v. Capps

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 5, 2009
63 A.D.3d 1632 (N.Y. App. Div. 2009)
Case details for

People v. Capps

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EVONY CAPPS, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 5, 2009

Citations

63 A.D.3d 1632 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 4595
879 N.Y.S.2d 872

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