People v. Meyer, 2017 NY Slip Op 9005 (N.Y. App. Div. 2017). · Go Syfert
People v. Meyer, 2017 NY Slip Op 9005 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Gordon (nyappdiv, 2021-02-05)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Gordon
N.Y. App. Div. · 2021 · confidence medium
Defendant failed to preserve her further contention that any amount of restitution ordered by the court was not supported by the record inasmuch as she failed to object on that ground or request a restitution hearing ( see People v Rodriguez , 173 AD3d 1840 , 1841 [4th Dept 2019], lv denied 34 NY3d 953 [2019]; People v Butler , 170 AD3d 1496 , 1497 [4th Dept 2019]; People v Meyer , 156 AD3d 1421, 1421-1422 [4th Dept 2017], lv denied 31 NY3d 985 [2018]).
discussed Cited as authority (rule) People v. Nesmith
N.Y. App. Div. · 2020 · confidence medium
Defendant's contention that the amount of restitution ordered by Supreme Court lacks a record basis is unpreserved for our review because she did not object to the imposition of restitution at sentencing or request a hearing, and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see People v Briggs , 169 AD3d 1369 , 1369-1370 [4th Dept 2019], lv denied 33 NY3d 974 [2019]; People v Sapetko , 158 AD3d 1315 , 1315-1316 [4th Dept 2018], lv denied 31 NY3d 1017 [2018]; People v Meyer , 156 AD3d 1421, 1421-1422 [4th Dept 2017], lv denied…
discussed Cited as authority (rule) People v. Rodriguez
N.Y. App. Div. · 2019 · confidence medium
We nonetheless conclude that defendant failed to preserve for our review his contention that the amount of restitution ordered lacks a record basis inasmuch as he "fail[ed] to object to the imposition of restitution at sentencing or to request a hearing" ( People v Meyer , 156 AD3d 1421, 1421 [4th Dept 2017], lv denied 31 NY3d 985 [2018]; see People v Butler , 170 AD3d 1496 , 1497 [4th Dept 2019]).
discussed Cited as authority (rule) People v. Butler
N.Y. App. Div. · 2019 · confidence medium
With respect to appeal No. 2, we conclude that defendant failed to preserve for our review her contention that the amount of restitution ordered lacks a record basis inasmuch as she "fail[ed] to object to the imposition of restitution at sentencing or to request a hearing" ( People v Meyer , 156 AD3d 1421, 1421 [4th Dept 2017], lv denied 31 NY3d 985 [2018]; see People v M & M Med.
discussed Cited as authority (rule) People v. Mothersell
N.Y. App. Div. · 2018 · confidence medium
We conclude, however, that defendant failed to preserve his contention for our review by failing to object to the order of restitution or request a hearing ( see People v Meyer , 156 AD3d 1421, 1421-1422 [4th Dept 2017], lv denied 31 NY3d 985 [2018]; People v Lawson [appeal No. 7], 124 AD3d 1249, 1250 [4th Dept 2015]; People v Lovett , 8 AD3d 1007, 1008 [4th Dept 2004], lv denied 3 NY3d 677 [2004]).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Mary Meyer, Appellant
1366 KA 15-01204.
Appellate Division of the Supreme Court of the State of New York.
Dec 22, 2017.
2017 NY Slip Op 9005
Whalen, Centra, Dejoseph, Nemoyer, Winslow.
Cited by 5 opinions  |  Published

Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.), rendered December 8, 2014. The judgment convicted defendant, upon her plea of guilty, of grand larceny in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of grand larceny in the second degree (Penal Law § 155.40 [1]). We agree with defendant that the waiver of the right to appeal is invalid because “the minimal inquiry made by County Court was insufficient to establish that the court engage [d] the defendant in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice” (People v Hassett, 119 AD3d 1443, 1443-1444 [4th Dept 2014], lv denied 24 NY3d 961 [2014] [internal quotation marks omitted]). In addition, “there is no basis [in the record] upon which to conclude that the court ensured ‘that the defendant understood that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty’ ” (People v Jones, 107 AD3d 1589, 1590 [4th Dept 2013], lv denied 21 NY3d 1075 [2013], quoting People v Lopez, 6 NY3d 248, 256 [2006]).

Defendant contends that there is no basis in the record supporting the amount of restitution and that the court should have conducted a hearing before determining the amount thereof. Defendant failed to preserve that contention for our review by failing to object to the imposition of restitution at sentencing or to request a hearing (see People v M&M Med. Transp., Inc., 147 AD3d 1313, 1314-1315 [4th Dept 2017]; People v Lewis, 114 AD3d 1310, 1311 [4th Dept 2014], lv denied 22 NY3d 1200 [2014]; People v Spossey, 107 AD3d 1420, 1420 [4th Dept 2013], lv denied 22 NY3d 1159 [2014]). In any event, that contention is without merit inasmuch as defendant “concede [d] the facts necessary to establish the amount of restitution as part of [the] plea allocution” (People v Consalvo, 89 NY2d 140, 145 [1996]; see People v Price, 277 AD2d 955, 955-956 [4th Dept 2000]). Contrary to defendant’s further contention, the sentence is not unduly harsh or severe.

Present—Whalen, P.J., Centra, DeJoseph, NeMoyer and Winslow, JJ.