People v. Capps
Cases that cite this one
11 later published cases cite this decision.
- FAREWELL, JR., JUDD A., PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
- UBRICH, SHAWN, PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
- LYONS, JAMEL, PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
- WRIGHT, LAKEEM, PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
- People v. Wright (Appellate Division of the Supreme Court of New York 2011)
- People v. Lyons (Appellate Division of the Supreme Court of New York 2011)
- People v. Ubrich (Appellate Division of the Supreme Court of New York 2011)
- People v. Farewell (Appellate Division of the Supreme Court of New York 2011)
- People v. Harvey (Appellate Division of the Supreme Court of New York 2010)
- People v. Ficchi (Appellate Division of the Supreme Court of New York 2009)
- People v. Facen (Appellate Division of the Supreme Court of New York 2009)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered February 21, 2007. The judgment convicted defendant, upon her plea of guilty, of manslaughter in the first 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 manslaughter in the first degree (Penal Law § 125.20). We conclude that the waiver by defendant of the right to appeal was knowingly and voluntarily entered (see People v Lopez, 6 NY3d 248, 256 [2006]), and that valid waiver encompasses her challenge to the severity of the sentence (see id.) People v Kearns, 50 AD3d 1514 [2008], lv denied 11 NY3d 790 [2008]). The valid waiver also encompasses the contention of defendant that County Court should have afforded her youthful offender status (see Kearns, 50 AD3d at 1515) and, in any event, defendant failed to preserve her contention for our review inasmuch as she did not request that status during the plea proceedings or at sentencing (see People v Fowler, 28 AD3d 1183, 1184 [2006], lv denied 7 NY3d 788 [2006]). Present—Scudder, PJ, Martoche, Fahey, Garni and Pine, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.