People v. Beckstead

People v Beckstead (2020 NY Slip Op 04670) People v Beckstead 2020 NY Slip Op 04670 Decided on August 20, 2020 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on August 20, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department PRESENT: SMITH, J.P., CARNI, LINDLEY, CURRAN, AND DEJOSEPH, JJ. 399 KA 19-00884 [*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v TAYLOR I. BECKSTEAD, DEFENDANT-APPELLANT. CAITLIN M. CONNELLY, BUFFALO, FOR DEFENDANT-APPELLANT. KRISTYNA S. MILLS, DISTRICT ATTORNEY, WATERTOWN, FOR RESPONDENT. Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered December 12, 2018. The judgment convicted defendant upon her plea of guilty of burglary 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 burglary in the first degree (Penal Law § 140.30 [2]). We affirm. Initially, we emphasize once again that, "[c]ontrary to the People's contention, and as we have previously noted, it is well settled that this Court's sentence-review power may be exercised, if the interest of justice warrants, without deference to the sentencing court . . . , and that we may substitute our own discretion for that of a trial court which has not abused its discretion in the imposition of a sentence" (People v White, 153 AD3d 1565, 1568 [4th Dept 2017], lv denied 30 NY3d 1065 [2017] [internal quotation marks omitted]). Nevertheless, the sentence is not unduly harsh or severe. Entered: August 20, 2020 Mark W. Bennett Clerk of the Court