Opinion
06-12-2015
The PEOPLE of the State of New York, Respondent, v. Peter SUDLIK, Defendant–Appellant.
Muldoon, Getz & Reston, Rochester (Gary Muldoon of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for Respondent.
Muldoon, Getz & Reston, Rochester (Gary Muldoon of Counsel), for Defendant–Appellant.
Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for Respondent.
Opinion
MEMORANDUM:On appeal from a judgment convicting him upon his plea of guilty of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1 ] ) and assault in the first degree (§ 120.10[1] ), defendant contends that his waiver of the right to appeal is not valid and challenges the severity of the sentence. Although the record establishes that defendant knowingly, voluntarily and intelligently waived the right to appeal (see generally People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ), we conclude that County Court permitted defendant to reserve the right to challenge the severity of the sentence on appeal and, thus, the valid waiver of the right to appeal does not encompass that challenge. Nevertheless, on the merits, we conclude that the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SCUDDER, P.J., SMITH, SCONIERS, VALENTINO, and DeJOSEPH, JJ., concur.