People v. McEaddy

Appellate Division of the Supreme Court of New York

People v. McEaddy

2017 NY Slip Op 3268, 149 A.D.3d 664, 50 N.Y.S.3d 877

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

DecidedApril 27, 2017

Docket3287/13 3855 3288/13 4407/13 3854

StatusPublished

This text of 2017 NY Slip Op 3268 (People v. McEaddy) 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. McEaddy, 2017 NY Slip Op 3268, 149 A.D.3d 664, 50 N.Y.S.3d 877 (N.Y. Ct. App. 2017).

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Opinion

Judgment, Supreme Court, New York County (Renee A. White, J., at plea; Melissa C. Jackson, J., at sentencing), rendered July 29, 2014, as amended June 22, 2016) convicting defendant, upon his plea of guilty, of grand larceny in the second degree (two counts), grand larceny in the third degree (13 counts), scheme to defraud in the first degree, criminal tax fraud in the second and fifth degrees (two counts each) and resisting arrest, and sentencing him, as a second felony offender, to an aggregate term of 5 to 10 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentences on the second-degree grand larceny and second-degree tax fraud convictions to 4 to 8 years, resulting in a new aggregate term of 4 to 8 years, and otherwise affirmed.

We do not find that defendant make a valid waiver of his right to appeal, and we find the sentence excessive to the extent indicated.

Concur — Sweeny, J.P., Acosta, Renwick, Moskowitz and Kahn, JJ.

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Judgment, Supreme Court, New York County (Renee A. White, J., at plea; Melissa C. Jackson, J., at sentencing), rendered July 29, 2014, as amended June 22, 2016) convicting defendant, upon his plea of guilty, of grand larceny in the second degree (two counts), grand larceny in the third degree (13 counts), scheme to defraud in the first degree, criminal tax fraud in the second and fifth degrees (two counts each) and resisting arrest, and sentencing him, as a second felony offender, to an aggregate term of 5 to 10 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentences on the second-degree grand larceny and second-degree tax fraud convictions to 4 to 8 years, resulting in a new aggregate term of 4 to 8 years, and otherwise affirmed.

We do not find that defendant make a valid waiver of his right to appeal, and we find the sentence excessive to the extent indicated.

Concur — Sweeny, J.P., Acosta, Renwick, Moskowitz and Kahn, JJ.

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Bluebook (online)

2017 NY Slip Op 3268, 149 A.D.3d 664, 50 N.Y.S.3d 877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mceaddy-nyappdiv-2017.