People v. Diamond M.

Full title: The People of the State of New York, Respondent, v. Diamond M.…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jun 28, 2016

2016 N.Y. Slip Op. 5084 (N.Y. App. Div. 2016)

Opinion

1591 302/14

06-28-2016

The People of the State of New York, Respondent, v. Diamond M., Defendant-Appellant.

Richard M. Greenberg, Office of the Appellate Defender, New York (Matthew W. Wasserman of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (James Wen of counsel), for respondent.

Sweeny, J.P., Acosta, Feinman, Kapnick, Webber, JJ.

Richard M. Greenberg, Office of the Appellate Defender, New York (Matthew W. Wasserman of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (James Wen of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Judith Lieb, J.), rendered September 5, 2014, convicting defendant, upon her plea of guilty, of assault in the second degree, adjudicating her a youthful offender, and sentencing her to a term of 1 1/3 - 4 years, unanimously affirmed.

Although we do not find that defendant made a valid waiver of the right to appeal (see People v Powell, AD3d , 2016 NY Slip Op 04296), we perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 28, 2016

CLERK