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People v. Seppe

Supreme Court, Appellate Division, Fourth Department, New York.
Nov 20, 2020
188 A.D.3d 1716 (N.Y. App. Div. 2020)

Opinion

682 KA 18-00519

11-20-2020

The PEOPLE of the State of New York, Respondent, v. Gregory SEPPE, Defendant-Appellant.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JAMES M. SPECYAL OF COUNSEL), FOR DEFENDANT-APPELLANT. LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (CHERYL L. NIELSEN OF COUNSEL), FOR RESPONDENT.


THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JAMES M. SPECYAL OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (CHERYL L. NIELSEN OF COUNSEL), FOR RESPONDENT.

PRESENT: CENTRA, J.P., PERADOTTO, NEMOYER, WINSLOW, AND DEJOSEPH, JJ.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted burglary in the third degree ( Penal Law §§ 110.00, 140.20 ), defendant challenges the validity of his purported waiver of the right to appeal and the severity of his sentence. Inasmuch as " ‘defendant has completed serving the sentence imposed, his contention that the sentence is unduly harsh and severe has been rendered moot’ ..., and we therefore need not reach defendant's contention with respect to the alleged invalidity of the waiver of the right to appeal" ( People v. Bald , 34 A.D.3d 1362, 1362, 823 N.Y.S.2d 741 [4th Dept. 2006] ).


Summaries of

People v. Seppe

Supreme Court, Appellate Division, Fourth Department, New York.
Nov 20, 2020
188 A.D.3d 1716 (N.Y. App. Div. 2020)
Case details for

People v. Seppe

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Gregory SEPPE…

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

Date published: Nov 20, 2020

Citations

188 A.D.3d 1716 (N.Y. App. Div. 2020)
132 N.Y.S.3d 914

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