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People v. Puleski

Citation: 2022 NY Slip Op 06194Docket: 112246

Court: Appellate Division of the Supreme Court of the State of New York; November 3, 2022; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, the defendant was convicted of manslaughter in the first degree after her child's remains were discovered in a garbage bag. Originally indicted on charges including second-degree murder, she pled guilty to manslaughter, waiving her right to appeal in a plea deal. The County Court sentenced her to 15 years imprisonment with five years of post-release supervision. On appeal, the waiver of the right to appeal was deemed invalid due to its overly broad and inaccurate presentation, allowing her to contest the severity of the sentence. The appellate court, however, upheld the sentence, noting it was considerably below the statutory maximum and appropriate given the crime's nature. Consequently, the County Court's judgment was affirmed, resulting in the maintenance of the defendant's sentence.

Legal Issues Addressed

Severity of Sentence Review

Application: The appellate court reviewed the severity of the sentence and upheld it, finding it was not unduly harsh or severe given the nature of the crime and the fact that it was significantly less than the statutory maximum.

Reasoning: Despite this, the appellate court upheld the sentence, emphasizing that it was significantly less than the statutory maximum and, given the nature of the crime, it was not 'unduly harsh or severe.'

Waiver of Right to Appeal

Application: The appellate court found that the waiver of the right to appeal was invalid due to its overbroad and inaccurate nature, which allowed the defendant to challenge her sentence on appeal.

Reasoning: On appeal, the court found Puleski's waiver of the right to appeal invalid due to its overbroad and inaccurate nature.