Opinion
2022-00754
02-04-2022
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. STEPHEN FRANCOIS, JR., DEFENDANT-APPELLANT.
LELAND D. MCCORMAC, III, INTERIM PUBLIC DEFENDER, UTICA (PATRICK J. MARTHAGE OF COUNSEL), FOR DEFENDANT-APPELLANT. SCOTT D. MCNAMARA, DISTRICT ATTORNEY, UTICA (STEVEN G. COX OF COUNSEL), FOR RESPONDENT.
LELAND D. MCCORMAC, III, INTERIM PUBLIC DEFENDER, UTICA (PATRICK J. MARTHAGE OF COUNSEL), FOR DEFENDANT-APPELLANT.
SCOTT D. MCNAMARA, DISTRICT ATTORNEY, UTICA (STEVEN G. COX OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., NEMOYER, CURRAN, AND BANNISTER, JJ.
Appeal from a judgment of the Oneida County Court (Robert Bauer, J.), rendered December 18, 2017. The judgment convicted defendant, upon a plea of guilty, of attempted murder in the second degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]). Defendant's challenges to the voluntariness of his guilty plea are without merit (see People v Ashley, 71 A.D.3d 1286, 1287 [3d Dept 2010], affd 16 N.Y.3d 725 [2011]; People v Miller, 126 A.D.3d 1233, 1234-1235 [3d Dept 2015], lv denied 25 N.Y.3d 1168 [2015]; People v Davis, 37 A.D.3d 1179, 1180 [4th Dept 2007], lv denied 8 N.Y.3d 983 [2007]). Moreover, although the People correctly concede that defendant did not validly waive his right to appeal (see People v Thomas, 34 N.Y.3d 545, 565-566 [2019], cert denied ___ U.S.___, 140 S.Ct. 2634 [2020]), we conclude that the sentence is not unduly harsh or severe.