Opinion
07-08-2016
The PEOPLE of the State of New York, Respondent, v. John P. CORRA, Defendant–Appellant.
Kathleen A. Kugler, Conflict Defender, Lockport (Edward P. Perlman of Counsel), for Defendant–Appellant. Niagara County District Attorney's Office, Lockport (Thomas H. Brandt of Counsel), for Respondent.
Appeal from a judgment of the Niagara County Court (Sara S. Farkas, J.), rendered September 21, 2011. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the first degree.
Kathleen A. Kugler, Conflict Defender, Lockport (Edward P. Perlman of Counsel), for Defendant–Appellant.
Niagara County District Attorney's Office, Lockport (Thomas H. Brandt of Counsel), for Respondent.
MEMORANDUM: On this appeal from a judgment convicting defendant upon his plea of guilty of attempted burglary in the first degree (Penal Law §§ 110.00, 140.30[3] ), we note that “no mention was made on the record during the course of the allocution concerning the waiver of defendant's right to appeal his conviction that he was also waiving his right to appeal the harshness of his sentence (see People v. Maracle, 19 N.Y.3d 925, 928, 950 N.Y.S.2d 498, 973 N.E.2d 1272 [2012] )” (People v. Pimentel , 108 A.D.3d 861, 862, 969 N.Y.S.2d 574, lv. denied 21 N.Y.3d 706, 974 N.Y.S.2d 325, 997 N.E.2d 150 ). We thus conclude that the waiver of the right to appeal does not encompass the challenge to the severity of the sentence (see People v. Doblinger, 117 A.D.3d 1484, 1485, 985 N.Y.S.2d 779 ). We nevertheless further conclude that the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
CENTRA, J.P., LINDLEY, DeJOSEPH, NEMOYER, and TROUTMAN, JJ., concur.