Opinion
657 KA 18-02272
07-16-2021
The PEOPLE of the State of New York, Respondent, v. Vincent ALIOTTA, Defendant-Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( BARBARA J. DAVIES OF COUNSEL), FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( BARBARA J. DAVIES OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., CARNI, CURRAN, WINSLOW, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
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 robbery in the third degree ( Penal Law §§ 110.00, 160.05 ). Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid and thus does not preclude our review of his challenge to the amount of the fine imposed as part of his sentence ( see generally People v. Goins , 191 A.D.3d 1399, 1399, 138 N.Y.S.3d 399 [4th Dept. 2021], lv denied 36 N.Y.3d 1120, 146 N.Y.S.3d 217, 169 N.E.3d 575 [2021] ), we nevertheless conclude that defendant's challenge lacks merit.