People v Sweeney (Carmen)

[*1] People v Sweeney (Carmen) 2005 NYSlipOp 50403(U) Decided on March 25, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 25, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.
2004-553 S CR

The People of the State of New York, Respondent,

against

Carmen Sweeney, Appellant.

Appeal by defendant from a sentence of the Justice Court, Town of Southold, Suffolk County (W. Price, J.), imposed on April 2, 2004, on the ground of excessiveness.

Sentence unanimously reversed as a matter of discretion in the interest of justice by vacating the sentence imposed and resentencing defendant to 3 years' probation with 30 days' incarceration as a condition of probation and to run concurrently therewith, and matter remanded to the court below to set the terms of probation.

Initially, it should be noted that since defendant's notice of appeal limits the scope of the appeal to the sentence, any issues raised regarding matters leading up to the sentence are not properly before this court (see CPL 450.10 [2]; 450.30; Preiser, Practice Commentaries, McKinney's Cons Laws of NY, Book 11A, CPL 450.10 at 665-666; see also People v Popson, 262 AD2d 989 [1999], lv denied 93 NY2d 1025 [1999]; People v Wallace, 246 AD2d 676 [1998], lv denied 91 NY2d 945 [1988]; People v Stevens, 120 AD2d 553 [1986]). As to the sentence, it is our opinion that, in light of the circumstances herein, including the recommendation of the Probation Department, the sentence should be reduced as above indicated.
Decision Date: March 25, 2005