Opinion
448 KA 16-02099
08-20-2020
The PEOPLE of the State of New York, Respondent, v. Jerald J. DAVIS, Jr., Defendant-Appellant. (Appeal No. 2.)
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR RESPONDENT.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR RESPONDENT.
PRESENT: PERADOTTO, J.P., LINDLEY, NEMOYER, TROUTMAN, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the resentence so appealed from is unanimously affirmed. Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him upon his plea of guilty of robbery in the second degree ( Penal Law § 160.10 [2] [a] ) and, in appeal No. 2, he appeals from a resentence on that conviction. Initially, we note that defendant's contention on appeal concerns only the resentence in appeal No. 2, and we therefore dismiss the appeal from the judgment in appeal No. 1 (see People v. Loiz [Appeal No. 2], 175 A.D.3d 872, 872-873, 107 N.Y.S.3d 527 [4th Dept. 2019] ; People v. Patterson , 128 A.D.3d 1377, 1377, 6 N.Y.S.3d 509 [4th Dept. 2015] ). Contrary to defendant's contention, the resentence is not unduly harsh or severe.