Legal Opinion
People v. Monaghan
Appellate Division of the Supreme Court of the State of New York
Decided December 21, 2012PublishedCited by 6 opinions
1Opinion of the Court
Memorandum: On appeal from a judgment convicting her upon her plea of guilty of vehicular manslaughter in the first degree (Penal Law § 125.13 [1]) and vehicular assault in the first degree (§ 120.04 [1]), defendant contends that her sentence is unduly harsh and severe. We reject that contention. We note as an initial matter that defendant’s waiver of the right to appeal does not encompass her challenge to the severity of the sentence because she purportedly waived her right to appeal before County Court advised her of the maximum sentence she could receive (see People v Farrell, 71 AD3d…
2Cases cited4 opinions
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2011
- People v. GimenezAppellate Division of the Supreme Court of the State of New York · 2009
- People v. RizekAppellate Division of the Supreme Court of the State of New York · 2009
- People v. FarrellAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by6 opinions
- DEARMYER, TERRENCE M., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
- EVANS, DERICK, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
- MYERS, STEPHEN L., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2017
- People v. DearmyerAppellate Division of the Supreme Court of the State of New York · 2013
- People v. DearmyerAppellate Division of the Supreme Court of the State of New York · 2013
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