People v. Easton

Appellate Division of the Supreme Court of New York

People v. Easton

136 A.D.3d 1303, 24 N.Y.S.3d 549

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

DecidedFebruary 5, 2016

StatusPublished

This text of 136 A.D.3d 1303 (People v. Easton) 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. Easton, 136 A.D.3d 1303, 24 N.Y.S.3d 549 (N.Y. Ct. App. 2016).

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Opinion

— Appeal from a judgment of the Erie County Court (Michael L. D’Amico, J.), rendered June 18, 2013. The judgment convicted defendant, upon his plea of guilty, of reckless endangerment in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of reckless endangerment in the first degree (Penal Law § 120.25). As the People correctly concede, defendant’s waiver of the right to appeal does not encompass his challenge to the severity of the negotiated sentence (see People v Maracle, 19 NY3d 925, 928 [2012]), which runs concurrently to longer sentences imposed in other jurisdictions. Nevertheless, based on our review of the record, we perceive no basis to exercise our power to modify his sentence as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]).

Present — Smith, J.P., Carni, Lindley and DeJoseph, JJ.

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— Appeal from a judgment of the Erie County Court (Michael L. D’Amico, J.), rendered June 18, 2013. The judgment convicted defendant, upon his plea of guilty, of reckless endangerment in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of reckless endangerment in the first degree (Penal Law § 120.25). As the People correctly concede, defendant’s waiver of the right to appeal does not encompass his challenge to the severity of the negotiated sentence (see People v Maracle, 19 NY3d 925, 928 [2012]), which runs concurrently to longer sentences imposed in other jurisdictions. Nevertheless, based on our review of the record, we perceive no basis to exercise our power to modify his sentence as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]).

Present — Smith, J.P., Carni, Lindley and DeJoseph, JJ.

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Bluebook (online)

136 A.D.3d 1303, 24 N.Y.S.3d 549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-easton-nyappdiv-2016.

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