At page 1959 Waiver not encompassing challenge to sentence severity6 citing casesclass E felony (Correction Law §§ 168-f [4]; 168-t) and sentencing him to a term of incarceration based on his admission that he violated conditions of his…
- People v. Griffin, 187 A.D.3d 1656 (N.Y. App. Div. 4th Dep't 2020).publishedPreliminarily, as defendant contends and the People correctly concede, even if defendant executed a valid waiver of the right to appeal at the underlying plea proceeding, it would not encompass her challenge to the severity of the sentence…
- People v. Kibler, 187 A.D.3d 1569 (N.Y. App. Div. 4th Dep't 2020).publishedPreliminarily, we note that even if defendant executed a valid waiver of the right to appeal at the underlying plea proceeding, it would not encompass his challenge to the severity of the sentence imposed following his violation of probati…
- People v. Dukelow, 183 A.D.3d 1237 (N.Y. App. Div. 4th Dep't 2020).publishedEven assuming, arguendo, that defendant's waiver of the right to appeal during the underlying plea proceeding was valid, we conclude that the waiver does not encompass his challenge to the severity of the sentence imposed following his vio…
- People v. White, 2019 NY Slip Op 5298 (N.Y. App. Div. 4th Dep't 2019).publishedWith respect to appeal No. 2, even assuming, arguendo, that defendant's waiver of the right to appeal during the underlying plea proceeding was valid, we conclude that the waiver does not encompass his challenge to the severity of the sent…
- People v. Quinones-Rivera, 2019 NY Slip Op 1936 (N.Y. App. Div. 4th Dep't 2019).publishedEven assuming, arguendo, that defendant's waiver of the right to appeal during the underlying plea proceeding was valid, we conclude, and the People correctly concede, that the waiver does not encompass his challenge to the severity of the…
- People v. Lloyd, 2018 NY Slip Op 3032 (N.Y. App. Div. 4th Dep't 2018).publishedWe agree with defendant that his waiver of the right to appeal, which was entered when he pleaded guilty to the underlying offenses, "does not encompass his challenge to the severity of the sentence imposed following his violations of prob…
v.
Riccardo Giuliano, Also Known as Guiliano, Appellant
Appeal from a judgment of the Monroe County Court (Melchor E. Castro, A.J.), rendered June 10, 2014. The judgment revoked defendant’s sentence of probation and imposed a sentence of imprisonment.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment revoking the sentence of probation previously imposed upon his conviction of failure to register and/or verify as a sex offender as a[*1959] class E felony (Correction Law §§ 168-f [4]; 168-t) and sentencing him to a term of incarceration based on his admission that he violated conditions of his probation. We agree with defendant that the waiver of the right to appeal, although it encompassed the sentence of probation, does not encompass his challenge to the severity of the sentence imposed following his violations of probation (see People v Williams, 140 AD3d 1749, 1750 [2016], lv denied 28 NY3d 975 [2016]; People v Johnson, 77 AD3d 1441, 1442 [2010], lv denied 15 NY3d 953 [2010]). We nonetheless conclude that, in light of defendant’s numerous admitted violations of probation, the maximum term of incarceration of 1½ to 4 years imposed by County Court is not unduly harsh or severe.
Present — Centra, J.P., Peradotto, DeJoseph, NeMoyer and Troutman, JJ.