People v. Teri W.

Appellate Division of the Supreme Court of New York

People v. Teri W.

142 A.D.3d 924, 37 N.Y.S.3d 890

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

DecidedSeptember 29, 2016

Docket1768 1832/11

StatusPublished

Cited by2 cases

This text of 142 A.D.3d 924 (People v. Teri W.) 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. Teri W., 142 A.D.3d 924, 37 N.Y.S.3d 890 (N.Y. Ct. App. 2016).

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Opinion

Judgment, Supreme Court, *925 New York County (Rena K. Uviller, J.), rendered June 6, 2012, convicting defendant, upon her plea of guilty, of sexual abuse in the first degree, adjudicating her a youthful offender and sentencing her to a term of 10 years’ probation, unanimously affirmed.

Although the court adjudicated defendant a youthful offender, it lawfully imposed a 10-year term of probation rather than a five-year term (see People v Gray, 2 AD3d 275, 275 [1st Dept 2003], lv denied 1 NY3d 628 [2004]). We decline to revisit our holding in Gray.

Although we do not find that defendant made a valid waiver of her right to appeal, we perceive no basis for reducing the sentence.

Concur — Mazzarelli, J.R, Acosta, Saxe, Moskowitz and Gesmer, JJ.

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Judgment, Supreme Court, *925 New York County (Rena K. Uviller, J.), rendered June 6, 2012, convicting defendant, upon her plea of guilty, of sexual abuse in the first degree, adjudicating her a youthful offender and sentencing her to a term of 10 years’ probation, unanimously affirmed.

Although the court adjudicated defendant a youthful offender, it lawfully imposed a 10-year term of probation rather than a five-year term (see People v Gray, 2 AD3d 275, 275 [1st Dept 2003], lv denied 1 NY3d 628 [2004]). We decline to revisit our holding in Gray.

Although we do not find that defendant made a valid waiver of her right to appeal, we perceive no basis for reducing the sentence.

Concur — Mazzarelli, J.R, Acosta, Saxe, Moskowitz and Gesmer, JJ.

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Bluebook (online)

142 A.D.3d 924, 37 N.Y.S.3d 890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-teri-w-nyappdiv-2016.

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