Opinion
07-26-2024
The PEOPLE of the State of New York, Respondent, v. Tye K. CERONE, Defendant-Appellant.
CAITLIN M. CONNELLY, BUFFALO, FOR DEFENDANT-APPELLANT. GREGORY J. MCCAFFREY, DISTRICT ATTORNEY, GENESEO (JOSHUA J. TONRA OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Livingston County Court (Kevin Van Allen, J.), rendered August 8, 2023. The judgment convicted defendant upon his plea of guilty of course of sexual conduct against a child in the first degree.
CAITLIN M. CONNELLY, BUFFALO, FOR DEFENDANT-APPELLANT.
GREGORY J. MCCAFFREY, DISTRICT ATTORNEY, GENESEO (JOSHUA J. TONRA OF COUNSEL), FOR RESPONDENT.
PRESENT: LINDLEY, J.P., BANNISTER, OGDEN, GREENWOOD, AND KEANE, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of course of sexual conduct against a child in the first degree (Penal Law § 130.75), defendant contends that his negotiated sentence is unduly harsh and severe. Even assuming, arguendo, that defendant’s waiver of the right to appeal does not encompass his challenge to the severity of the sentence, we perceive no basis in the record on which to modify the sentence as a matter of discretion in the interest of justice (see People v. Stanley, 162 A.D.3d 1581, 1581-1582, 78 N.Y.S.3d 851 [4th Dept. 2018], lv denied 32 N.Y.3d 1178, 97 N.Y.S.3d 608, 121 N.E.3d 236 [2019]; People v. Storms, 147 A.D.3d 1341, 1341, 45 N.Y.S.3d 849 [4th Dept. 2017]; see generally CPL 470.15 [6] [b]).