People v. Stevens

Appellate Division of the Supreme Court of New York

People v. Stevens

120 A.D.2d 553, 501 N.Y.S.2d 741, 1986 N.Y. App. Div. LEXIS 56637

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

DecidedMay 5, 1986

StatusPublished

Cited by1 cases

This text of 120 A.D.2d 553 (People v. Stevens) 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. Stevens, 120 A.D.2d 553, 501 N.Y.S.2d 741, 1986 N.Y. App. Div. LEXIS 56637 (N.Y. Ct. App. 1986).

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Opinion

— Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Nassau County (Collins, J.), imposed June 26, 1984.

Appeal dismissed on the ground that it was not properly perfected in accordance with the rules of this court (22 NYCRR 670.17 [i]).

The questions sought to be raised by the defendant regarding the sufficiency of the indictment, the voluntariness of his guilty plea and the adequacy of his representation by counsel are not properly before us on an appeal from a sentence. The rules of this court provide a summary procedure for bringing on an appeal "where the sole issue raised on appeal concerns the legality, propriety or excessiveness of the sentence imposed” (22 NYCRR 670.17 [i]). This is the method by which the defendant seeks to appeal his sentence. Although the defendant seeks only a reduction in his sentence, the issues he raises to support the sentence reduction may be raised only by timely appeal from his conviction or by postjudgment application pursuant to CPL article 440. Thompson, J. P., Bracken, Weinstein and Rubin, JJ., concur.

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— Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Nassau County (Collins, J.), imposed June 26, 1984.

Appeal dismissed on the ground that it was not properly perfected in accordance with the rules of this court (22 NYCRR 670.17 [i]).

The questions sought to be raised by the defendant regarding the sufficiency of the indictment, the voluntariness of his guilty plea and the adequacy of his representation by counsel are not properly before us on an appeal from a sentence. The rules of this court provide a summary procedure for bringing on an appeal "where the sole issue raised on appeal concerns the legality, propriety or excessiveness of the sentence imposed” (22 NYCRR 670.17 [i]). This is the method by which the defendant seeks to appeal his sentence. Although the defendant seeks only a reduction in his sentence, the issues he raises to support the sentence reduction may be raised only by timely appeal from his conviction or by postjudgment application pursuant to CPL article 440. Thompson, J. P., Bracken, Weinstein and Rubin, JJ., concur.

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Bluebook (online)

120 A.D.2d 553, 501 N.Y.S.2d 741, 1986 N.Y. App. Div. LEXIS 56637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stevens-nyappdiv-1986.

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