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People v. Hill

Supreme Court, Appellate Division, Fourth Department, New York.
Feb 5, 2021
191 A.D.3d 1381 (N.Y. App. Div. 2021)

Opinion

1152 KA 18-00914

02-05-2021

The PEOPLE of the State of New York, Respondent, v. Theodis HILL, Jr., Defendant-Appellant. (Appeal No. 1.)

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (KAIXI XU OF COUNSEL), FOR DEFENDANT-APPELLANT. LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (ROBERT J. SHOEMAKER OF COUNSEL), FOR RESPONDENT.


THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (KAIXI XU OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (ROBERT J. SHOEMAKER OF COUNSEL), FOR RESPONDENT.

PRESENT: SMITH, J.P., CARNI, NEMOYER, CURRAN, AND DEJOSEPH, JJ.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: In appeal Nos. 1 and 2, defendant appeals from two judgments, each convicting him upon his plea of guilty during a single plea proceeding of assault in the second degree ( Penal Law § 120.05 [2] ). Even assuming, arguendo, that defendant's waiver of the right to appeal was invalid (see People v. Thomas , 34 N.Y.3d 545, 565-566, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied ––– U.S. ––––, 140 S. Ct. 2634, 206 L.Ed.2d 512 [2020] ) and thus does not preclude our review of his challenge to the severity of his sentences (see People v. Baker , 158 A.D.3d 1296, 1296, 68 N.Y.S.3d 349 [4th Dept. 2018], lv denied 31 N.Y.3d 1011, 78 N.Y.S.3d 281, 102 N.E.3d 1062 [2018] ), we conclude in each appeal that the sentence is not unduly harsh or severe.


Summaries of

People v. Hill

Supreme Court, Appellate Division, Fourth Department, New York.
Feb 5, 2021
191 A.D.3d 1381 (N.Y. App. Div. 2021)
Case details for

People v. Hill

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Theodis HILL, Jr.…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Feb 5, 2021

Citations

191 A.D.3d 1381 (N.Y. App. Div. 2021)
191 A.D.3d 1381

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It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.Same memorandum as in People…