People v. Stewart, 2017 NY Slip Op 8753 (N.Y. App. Div. 2017). · Go Syfert
People v. Stewart, 2017 NY Slip Op 8753 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. VanSlyke (nyappdiv, 2022-07-28)
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. VanSlyke
N.Y. App. Div. · 2022 · confidence medium
Regardless of the validity of the appeal waiver, given that the records of the Department of Corrections and Community Supervision and defendant's own submissions confirm that defendant completed her one-year prison sentence in March 2020 and was discharged from parole supervision in March 2021, any claim regarding her sentence is moot ( see People v Vittengl , 195 AD3d 1233, 1234 [2021]; People v Parker , 156 AD3d 1059, 1060 [2017]; People v Cancer , 132 AD3d 1019, 1020 [2015]).
discussed Cited as authority (rule) People v. Scarborough
N.Y. App. Div. · 2022 · confidence medium
Regardless of the validity of the waiver of appeal, defendant has necessarily completed both her nine-month jail term and her one-year conditional discharge during the pendency of this appeal, and, thus, any claim regarding her sentence is moot ( see People v Taylor , 194 AD3d 1264, 1266 [2021], lv denied 37 NY3d 975 [2021]; People v Parker , 156 AD3d 1059, 1060 [2017]; People v Jones , 139 AD3d 1237, 1238 [2016], lv denied 28 NY3d 932 [2016]).
discussed Cited as authority (rule) People v. Lozano
N.Y. App. Div. · 2022 · confidence medium
Finally, as defendant has completed serving his jail sentence, his argument that the sentence was harsh and excessive is moot ( see People v Driscoll , 176 AD3d 1259 , 1260 [2019]; People v Parker , 156 AD3d 1059, 1060 [2017]).
cited Cited as authority (rule) People v. Vivona
N.Y. App. Div. · 2021 · confidence medium
People v Taylor , 194 AD3d 1264, 1266 [2021], lv denied 37 NY3d 975 [2021]; People v Parker , 156 AD3d 1059, 1060 [2017]; People v Cancer , 132 AD3d 1019, 1020 [2015]).
discussed Cited as authority (rule) People v. Howell
N.Y. App. Div. · 2019 · confidence medium
Defendant's remaining argument — that County Court failed to follow the procedures outlined in CPL 400.21 when sentencing defendant as a second felony offender — survives defendant's valid appeal waiver but is unpreserved for our review due to defendant's failure to raise any objection in this regard at the time of sentencing ( see People v Quinones , 162 AD3d 1402 , 1402-1403 [2018]; People v Stewart , 156 AD3d 1059, 1059 [2017]; People v Hartfield , 151 AD3d 1116, 1118 [2017], lv denied 29 NY3d 1127 [2017]).
discussed Cited as authority (rule) People v. King
N.Y. App. Div. · 2019 · confidence medium
As defendant's sentence is complete, his argument that the sentence imposed was harsh and excessive is moot ( see People v Parker , 156 AD3d 1059, 1060 [2017]; People v Moore , 247 AD2d 228, 229 [1998], lv denied 91 NY2d 943 [1998]).
discussed Cited as authority (rule) People v. Howell
N.Y. App. Div. · 2019 · confidence medium
Defendant's remaining argument — that County Court failed to follow the procedures outlined in CPL 400.21 when sentencing defendant as a second felony offender — survives defendant's valid appeal waiver but is unpreserved for our review due to defendant's failure to raise any objection in this regard at the time of sentencing ( see People v Quinones , 162 AD3d 1402 , 1402-1403 [2018]; People v Stewart , 156 AD3d 1059, 1059 [2017]; People v Hartfield , 151 AD3d 1116, 1118 [2017], lv denied 29 NY3d 1127 [2017]).
discussed Cited as authority (rule) People v. King
N.Y. App. Div. · 2019 · confidence medium
As defendant's sentence is complete, his argument that the sentence imposed was harsh and excessive is moot ( see People v Parker , 156 AD3d 1059, 1060 [2017]; People v Moore , 247 AD2d 228, 229 [1998], lv denied 91 NY2d 943 [1998]).
discussed Cited as authority (rule) People v. Huntley
N.Y. App. Div. · 2019 · confidence medium
Lastly, defendant's claim that she was illegally sentenced as a second felony offender because County Court did not comply with the requirements of CPL 400.21 (3) survives the appeal waiver ( see People v Callahan , 80 NY2d 273, 280 [1992]; People v Parker , 121 AD3d 1190, 1190 [2014]; People v Ladson , 30 AD3d 836, 837 [2006], lv denied 7 NY3d 814 [2006]), but it is unpreserved for our review given the lack of an objection by defendant at sentencing ( see People v Stewart , 156 AD3d 1059, 1059 [2017]; People v Melton , 136 AD3d 1069, 1070 [2016], lv denied 27 NY3d 1002 [2016]; People v Jackso…
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Ian Stewart, Appellant
107827.
Appellate Division of the Supreme Court of the State of New York.
Dec 14, 2017.
2017 NY Slip Op 8753
Egan, Lynch, Rose, Aarons, Rumsey.
Cited by 3 opinions  |  Published

Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered July 1, 2017, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.

Defendant waived indictment and pleaded guilty to criminal possession of a controlled substance in the fifth degree pursuant to a plea agreement that required him to execute a waiver of appeal. Defendant was sentenced as a second felony offender to three years in prison, to be followed by three years of post-release supervision. Defendant now appeals.

We affirm. Defendant’s claim that County Court failed to advise him that he could controvert the allegations contained in the prior felony information and that he was, therefore, improperly sentenced as a second felony offender survives his unchallenged waiver of the right to appeal, but is unpreserved due to his failure to object at sentencing despite having the opportunity to do so (see People v Berry, 152 AD3d 1080, 1080-1081, 1081 n [2017]; People v Woods, 147 AD3d 1156, 1157 [2017], lv denied 29 NY3d 1089 [2017]; cf. People v Murdie, 134 AD3d 1353, 1354 [2015]). In any event, defendant was provided with a copy of the prior felony information, indicated that he would not contest the allegations therein and admitted the predicate conviction at sentencing. Accordingly, were the issue properly before us, we would conclude that County Court substantially complied with the requirements of CPL 400.21 (3) (see People v Thorpe, 141 AD3d 927, 935 [2016], lv denied 28 NY3d 1031 [2016]; People v Wilkins, 118 AD3d 1038, 1039 [2014], lv denied 24 NY3d 965 [2014]; People v Walton, 101 AD3d 1489, 1490 [2012], lv denied 20 NY3d 1105 [2013]).

Egan Jr., J.P., Lynch, Rose, Aarons and Rumsey, JJ., concur.

Ordered that the judgment is affirmed.