Opinion
745 KA 17–01414
06-28-2019
The PEOPLE of the State of New York, Respondent, v. Sebastian L. BONK, Defendant–Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (SUSAN C. MINISTERO OF COUNSEL), FOR DEFENDANT–APPELLANT. JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION (SUSAN M. HOWARD OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (SUSAN C. MINISTERO OF COUNSEL), FOR DEFENDANT–APPELLANT.
JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION (SUSAN M. HOWARD OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., CENTRA, LINDLEY, DEJOSEPH, AND TROUTMAN, 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 assault in the second degree ( Penal Law § 120.05 [3 ] ) and attempted criminal possession of a forged instrument in the first degree (§§ 110.00, 170.30). 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 severity of his sentence (see People v. Walls , 166 A.D.3d 1528, 1528, 85 N.Y.S.3d 822 [4th Dept. 2018], lv denied 32 N.Y.3d 1179, 97 N.Y.S.3d 618, 121 N.E.3d 246 [2019] ), we nevertheless conclude that the sentence is not unduly harsh or severe.