From Casetext: Smarter Legal Research

People v. Swift

Appellate Division of the Supreme Court of New York, First Department
May 22, 2003
305 A.D.2d 280 (N.Y. App. Div. 2003)

Opinion

1204

May 22, 2003.

Judgment, Supreme Court, New York County (John Bradley, J.), rendered May 2, 2000, convicting defendant, upon her plea of guilty, of grand larceny in the second degree, and sentencing her to a term of 1½ to 4½ years, unanimously affirmed.

Alice Wiseman, for respondent.

Elizabeth B. Emmons, for defendant-appellant.

Before: Buckley, P.J., Andrias, Sullivan, Lerner, Friedman, JJ.


Defendant made a valid waiver of her right to appeal ( see People v. Moissett, 76 N.Y.2d 909). Accordingly, this waiver precludes any interest of justice review by this Court of her excessive sentence claim ( People v. Seaberg, 74 N.Y.2d 1, 9-10). In any event, were we to find that defendant did not validly waive her right to appeal, we would perceive no basis for reducing the sentence.

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


Summaries of

People v. Swift

Appellate Division of the Supreme Court of New York, First Department
May 22, 2003
305 A.D.2d 280 (N.Y. App. Div. 2003)
Case details for

People v. Swift

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICIA SWIFT…

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

Date published: May 22, 2003

Citations

305 A.D.2d 280 (N.Y. App. Div. 2003)
758 N.Y.S.2d 807

Citing Cases

People v. Alexander

We have considered and rejected defendant's remaining arguments concerning the legality of the sentencing…