Opinion
07-01-2016
The PEOPLE of the State of New York, Respondent, v. Anthony L. CERRONI, Defendant–Appellant.
Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for Respondent.
Appeal from a judgment of the Supreme Court, Monroe County (Daniel J. Doyle J.), rendered March 11, 2014. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree.
Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of Counsel), for Defendant–Appellant.
Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for Respondent.
Opinion
MEMORANDUM: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2 ] ). The waiver of the right to appeal does not encompass defendant's challenge to the severity of the sentence (see People v. Peterson, 111 A.D.3d 1412, 1412, 974 N.Y.S.2d 864 ). We nevertheless conclude that the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
PERADOTTO, J.P., CARNI, CURRAN, TROUTMAN, and SCUDDER, JJ., concur.