From Casetext: Smarter Legal Research

People v. Stevens

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1986
120 A.D.2d 553 (N.Y. App. Div. 1986)

Opinion

May 5, 1986

Appeal from the County Court, Nassau County (Collins, J.).


Appeal dismissed on the ground that it was not properly perfected in accordance with the rules of this court ( 22 NYCRR 670.17 [i]).

The questions sought to be raised by the defendant regarding the sufficiency of the indictment, the voluntariness of his guilty plea and the adequacy of his representation by counsel are not properly before us on an appeal from a sentence. The rules of this court provide a summary procedure for bringing on an appeal "where the sole issue raised on appeal concerns the legality, propriety or excessiveness of the sentence imposed" ( 22 NYCRR 670.17 [i]). This is the method by which the defendant seeks to appeal his sentence. Although the defendant seeks only a reduction in his sentence, the issues he raises to support the sentence reduction may be raised only by timely appeal from his conviction or by postjudgment application pursuant to CPL article 440. Thompson, J.P., Bracken, Weinstein and Rubin, JJ., concur.


Summaries of

People v. Stevens

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1986
120 A.D.2d 553 (N.Y. App. Div. 1986)
Case details for

People v. Stevens

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBER STEVENS…

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

Date published: May 5, 1986

Citations

120 A.D.2d 553 (N.Y. App. Div. 1986)

Citing Cases

People v. Sweeney

Initially, it should be noted that since defendant's notice of appeal limits the scope of the appeal to the…

People v. Popson

We also reject defendant's contention that the sentence is unduly harsh or severe. Because defendant's notice…