People v. Curry

Appellate Division of the Supreme Court of New York

People v. Curry

127 A.D.3d 642, 5 N.Y.S.3d 872

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 28, 2015

Docket14953 1048/08

StatusPublished

This text of 127 A.D.3d 642 (People v. Curry) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Curry, 127 A.D.3d 642, 5 N.Y.S.3d 872 (N.Y. Ct. App. 2015).

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Opinion

Judgment, Supreme Court, Bronx County (Judith Lieb, J.), rendered February 28, 2012, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him, as a second felony offender, to a term of 12 years, unanimously modified, on the law, to the extent of reducing the mandatory surcharge to $250 and the crime victim assistance fee to $20, and otherwise affirmed.

Although defendant’s waiver of his right to appeal was invalid (see People v Lopez, 6 NY3d 248 [2006]; People v Santiago, 119 AD3d 484 [1st Dept 2014], lv denied 24 NY3d 964 [2014]), we perceive no basis for reducing the sentence. *643 Since defendant committed the crime before the effective date of legislation increasing the surcharge and crime victim assistance fee, his sentence is unlawful to the extent indicated.

Concur — Tom, J.P., Sweeny, Manzanet-Daniels, Clark and Kapnick, JJ.

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Judgment, Supreme Court, Bronx County (Judith Lieb, J.), rendered February 28, 2012, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him, as a second felony offender, to a term of 12 years, unanimously modified, on the law, to the extent of reducing the mandatory surcharge to $250 and the crime victim assistance fee to $20, and otherwise affirmed.

Although defendant’s waiver of his right to appeal was invalid (see People v Lopez, 6 NY3d 248 [2006]; People v Santiago, 119 AD3d 484 [1st Dept 2014], lv denied 24 NY3d 964 [2014]), we perceive no basis for reducing the sentence. *643 Since defendant committed the crime before the effective date of legislation increasing the surcharge and crime victim assistance fee, his sentence is unlawful to the extent indicated.

Concur — Tom, J.P., Sweeny, Manzanet-Daniels, Clark and Kapnick, JJ.

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Bluebook (online)

127 A.D.3d 642, 5 N.Y.S.3d 872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-curry-nyappdiv-2015.

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