People v. Adkins, 108 A.D.3d 943 (N.Y. App. Div. 2013). · Go Syfert
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People v. Adkins, 108 A.D.3d 943 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Shaw (nyappdiv, 2018-01-18)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Shaw
N.Y. App. Div. · 2018 · confidence medium
To the extent that defendant's brief may be read as challenging the voluntariness of her plea, although this argument survives her valid appeal waiver, it is unpreserved for our review in the absence of an appropriate postallocution motion ( see People v Audette , 108 AD3d 943, 943-944 [2013]).
cited Cited as authority (rule) People v. Brown
N.Y. App. Div. · 2014 · confidence medium
Defendant’s valid waiver precludes his claim that his sentence is harsh and excessive (see People v Audette, 108 AD3d 943, 944 [2013]; People v Fallen, 106 AD3d 1118, 1119 [2013]).
cited Cited as authority (rule) People v. Brown
N.Y. App. Div. · 2014 · confidence medium
Defendant’s valid waiver precludes his claim that his sentence is harsh and excessive (see People v Audette, 108 AD3d 943, 944 [2013]; People v Fallen, 106 AD3d 1118, 1119 [2013]).
discussed Cited as authority (rule) People v. Campbell
N.Y. App. Div. · 2014 · confidence medium
The narrow exception to the preservation rule is not implicated here, as nothing in the plea colloquy casts doubt upon defendant’s guilt (see People v Audette, 108 AD3d 943, 944 [2013]; People v Ward, 2 AD3d 1219, 1219 [2003], lv denied 2 NY3d 808 [2004]).
discussed Cited as authority (rule) People v. Campbell
N.Y. App. Div. · 2014 · confidence medium
The narrow exception to the preservation rule is not implicated here, as nothing in the plea colloquy casts doubt upon defendant’s guilt (see People v Audette, 108 AD3d 943, 944 [2013]; People v Ward, 2 AD3d 1219, 1219 [2003], lv denied 2 NY3d 808 [2004]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Hollie Adkins
Appellate Division of the Supreme Court of the State of New York.
Jul 18, 2013.
108 A.D.3d 943
Cited by 2 opinions  |  Published

— Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered January 13, 2012, convicting defendant upon his plea of guilty of the crime of grand larceny in the third degree.

In satisfaction of a seven-count indictment, defendant pleaded guilty to grand larceny in the third degree. In accordance with the plea agreement, he was sentenced to a term of 2 to 6 years in prison and was ordered to pay restitution. Defendant now appeals.

Defendant’s sole contention is that the sentence is harsh and excessive. Based upon our review of the record, we disagree. Defendant specifically agreed to the sentence as part of the plea agreement and it was well within the sentencing parameters for a class D felony (see Penal Law § 70.00 [2] [d]; [3] [b]). Under the circumstances, including defendant’s criminal history, we find no abuse of discretion nor any extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Singh, 105 AD3d 1214, 1214-1215 [2013]; People v Miller, 70 AD3d 1120, 1121 [2010], lv denied 14 NY3d 890 [2010]).

Rose, J.P., Stein, McCarthy and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.