People v. Devaney, 2017 NY Slip Op 182 (N.Y. App. Div. 2017). · Go Syfert
Search
People v. Devaney, 2017 NY Slip Op 182 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
G Cite
cited 3× by 3 distinct cases, 2018–2022 · …even though the court had a right to enhance the sentence, this court has broad, plenary power to modify an enhanced sentence that is harsh or excessive under the circumstances ⚠ not in text
32 citation events (32 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017 2021 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
cited Cited as authority (rule) People v. Rowe
N.Y. App. Div. · 2020 · confidence medium
Once the People have met their initial burden, the defendant bears the ultimate burden of proving the illegality of the search and seizure" ( People v Diaz , 146 AD3d 803, 804 [citations omitted]).
discussed Cited "see" People v. Medina-Lucero
N.Y. App. Div. · 2024 · signal: see · confidence high
"In considering whether a sentence is unduly harsh or severe under the circumstances, we exercise our discretion giving consideration to, 'among other things, the crime charged, the particular circumstances of the individual before the court and the purpose of a penal sanction, i.e., societal protection, rehabilitation, and deterrence'" ( People v Kordish , 140 AD3d 981, 982-983 , quoting People v Farrar , 52 NY2d 302, 305 ; see People v Diaz , 146 AD3d 803, 805-806 ).
discussed Cited "see" People v. Anderson
N.Y. App. Div. · 2022 · signal: see · confidence high
Once the People have met their initial burden, the defendant bears the ultimate burden of proving the illegality of the search and seizure" ( People v Rowe , 189 AD3d 894, 895 [internal quotation marks omitted]; see People v Diaz , 146 AD3d 803, 804 ).
discussed Cited "see" People v. Burbridge
N.Y. App. Div. · 2021 · signal: see · confidence high
Since the defendant failed to comply with the conditions of the plea agreement, the County Court "was no longer bound by the original plea agreement, and had the right to impose a greater sentence" ( People v Grant , 122 AD3d 767, 767 ; see People v Diaz , 146 AD3d 803, 805 ).
discussed Cited "see" People v. Watson
N.Y. App. Div. · 2018 · signal: see · confidence high
"Our sentencing review power may be exercised, if the interest of justice warrants, without deference to the sentencing court'" ( People v Kordish , 140 AD3d at 982 [emphasis omitted], quoting People v Delgado , 80 NY2d at 783; see People v Diaz , 146 AD3d 803, 805 ).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Ryan Devaney, Appellant
2015-00282.
Appellate Division of the Supreme Court of the State of New York.
Jan 11, 2017.
2017 NY Slip Op 182
Eng, Chambers, Austin, Roman, Duffy.
Cited by 1 opinion  |  Published

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (D’Emic, J.), imposed October 27, 2014, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 267 [2011]; People v Lopez, 6 NY3d 248, 257 [2006]; People v DeSimone, 80 NY2d 273, 283 [1992]) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, P.J., Chambers, Austin, Roman and Duffy, JJ., concur.