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161 AD3d 1196
N.Y. App. Div. 2nd
2018

People v Lyons

Appellate Division, Second Department

May 30, 2018

2018 NY Slip Op 03857 [161 AD3d 1196]

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 27, 2018

The People of the State of New York, Respondent, v Beth Lyons, Appellant.

Paul Skip Laisure, New York, NY (Lynn W. L. Fahey of counsel), for appellant.

Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart of counsel), for respondent.

Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Richmond County (Stephen J. Rooney, J.), imposed June 12, 2014, upon her plea of guilty, on the ground that the sentence was excessive. Cross motion by the respondent to dismiss the appeal on the ground that it is barred by CPL 450.10 (1).

Ordered that the cross motion is denied; and it is further,

Ordered that the sentence is affirmed.

The defendant‘s valid waiver of her right to appeal precludes review of her contention that the sentence imposed was excessive (see People v Bradshaw, 18 NY3d 257, 264-267 [2011]; People v Lopez, 6 NY3d 248, 255-256 [2006]; People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Barone, 120 AD3d 826 [2014]). Chambers, J.P., Hinds-Radix, Maltese and Iannacci, JJ., concur.

Case Details

Case Name: People v Lyons
Court Name: Appellate Division of the Supreme Court, Second Department
Date Published: May 30, 2018
Citations: 161 AD3d 1196; 2018 NY Slip Op 03857; 2014-09017
Docket Number: 2014-09017
Court Abbreviation: N.Y. App. Div. 2nd
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