People v. Tirria R.

Full title: The People of the State of New York, respondent, v. Tirria R. (Anonymous)…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Nov 18, 2015

2015 N.Y. Slip Op. 8443 (N.Y. App. Div. 2015)

Opinion

2014-08197

11-18-2015

The People of the State of New York, respondent, v. Tirria R. (Anonymous), appellant.

Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Nancy Fitzpatrick Talcott of counsel), for respondent.

RANDALL T. ENG, P.J.

MARK C. DILLON

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ. (Ind. No. 557/13)

Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Nancy Fitzpatrick Talcott of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Queens County (Zayas, J.), imposed July 24, 2014, upon her plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's waiver of her right to appeal does not preclude review of her contention that imposition of an enhanced sentence was improper (see People v Bracy, 131 AD3d 538; People v Cousar, 128 AD3d 716). However, under the circumstances of this case, imposition of an enhanced sentence was proper (see People v Daymont, 299 AD2d 916), and the enhanced sentence was not excessive (see People v Suitte, 90 AD2d 80).

ENG, P.J., DILLON, SGROI, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court