People v. Manley, 101 A.D.3d 1270 (N.Y. App. Div. 2012). · Go Syfert
People v. Manley, 101 A.D.3d 1270 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Burgette (nyappdiv, 2014-06-05)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Burgette
N.Y. App. Div. · 2014 · confidence medium
Given the vicious nature of the present offense, as well as defendant’s lengthy and violent criminal history, we perceive no abuse of discretion or extraordinary circumstances that would warrant a reduction of the sentence imposed (see People v Girard, 111 AD3d 1153, 1153 [2013]; People v Manley, 101 AD3d 1270, 1271 [2012]).
discussed Cited as authority (rule) People v. Burgette
N.Y. App. Div. · 2014 · confidence medium
Given the vicious nature of the present offense, as well as defendant’s lengthy and violent criminal history, we perceive no abuse of discretion or extraordinary circumstances that would warrant a reduction of the sentence imposed (see People v Girard, 111 AD3d 1153, 1153 [2013]; People v Manley, 101 AD3d 1270, 1271 [2012]).
discussed Cited as authority (rule) People v. Jarvis
N.Y. App. Div. · 2014 · confidence medium
Notwithstanding defendant’s remorse and difficult upbringing, given the nature of the crime committed and defendant’s criminal history, we perceive no abuse of discretion or extraordinary circumstances warranting a reduction of the sentence (see People v Manley, 101 AD3d 1270, 1271 [2012]; People v Mayo, 100 AD3d 1155, 1156 [2012]).
discussed Cited as authority (rule) People v. Jarvis
N.Y. App. Div. · 2014 · confidence medium
Notwithstanding defendant’s remorse and difficult upbringing, given the nature of the crime committed and defendant’s criminal history, we perceive no abuse of discretion or extraordinary circumstances warranting a reduction of the sentence (see People v Manley, 101 AD3d 1270, 1271 [2012]; People v Mayo, 100 AD3d 1155, 1156 [2012]).
discussed Cited as authority (rule) People v. Rorick
N.Y. App. Div. · 2013 · confidence medium
Accordingly, we find no extraordinary circumstances or any abuse of discretion warranting a reduction of the sentence in the interest of justice (see People v Manley, 101 AD3d 1270, 1271 [2012]; People v Garren, 84 AD3d 1638, 1638-1639 [2011], lv denied 17 NY3d 816 [2011]; People v Smith, 84 AD3d 1592, 1592-1593 [2011]).
discussed Cited as authority (rule) People v. Rorick
N.Y. App. Div. · 2013 · confidence medium
Accordingly, we find no extraordinary circumstances or any abuse of discretion warranting a reduction of the sentence in the interest of justice (see People v Manley, 101 AD3d 1270, 1271 [2012]; People v Garren, 84 AD3d 1638, 1638-1639 [2011], lv denied 17 NY3d 816 [2011]; People v Smith, 84 AD3d 1592, 1592-1593 [2011]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Matthew J. Manley
Appellate Division of the Supreme Court of the State of New York.
Dec 13, 2012.
101 A.D.3d 1270
Cited by 6 opinions  |  Published

Defendant’s sole contention is that his sentence is harsh and excessive — a claim that, under the particular facts of this case, is not encompassed by his otherwise valid waiver of the right to[*1271] appeal. Based upon our review of the record, we disagree. Defendant exhibited violent behavior in breaking into a residence in the early morning hours and inflicting bodily harm to the individual who allegedly owed him money for drugs. Moreover, despite his young age, defendant has a lengthy criminal record, which includes two prior felony convictions. Furthermore, the sentence was on the low end of the parameters of the sentencing range that defendant consented to as part of the plea agreement. In view of the foregoing, we find no extraordinary circumstances nor any abuse of discretion warranting a reduction of the sentence in the interest of justice (see People v Conklin 39 AD3d 1022, 1023 [2007], lv denied 9 NY3d 841 [2007]; People v Drew, 16 AD3d 840, 841 [2005]).

Lahtinen, J.P., Spain, McCarthy, Garry and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.