Opinion
179 CA 16–01601
03-16-2018
The PEOPLE of the State of New York, Respondent, v. Daniel FISHER, Defendant–Appellant.
JAMES S. KERNAN, PUBLIC DEFENDER, LYONS (CARA A. WALDMAN OF COUNSEL), FOR DEFENDANT–APPELLANT. CHRISTOPHER BOKELMAN, ACTING DISTRICT ATTORNEY, LYONS (BRUCE A. ROSEKRANS OF COUNSEL), FOR RESPONDENT.
JAMES S. KERNAN, PUBLIC DEFENDER, LYONS (CARA A. WALDMAN OF COUNSEL), FOR DEFENDANT–APPELLANT.
CHRISTOPHER BOKELMAN, ACTING DISTRICT ATTORNEY, LYONS (BRUCE A. ROSEKRANS OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, CURRAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
Memorandum:Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, burglary in the second degree ( Penal Law § 140.25[2] ) and two counts of attempted burglary in the second degree ( §§ 110.00, 140.25[2] ). Defendant's contention that County Court erred in denying his request to appoint a special prosecutor was forfeited by defendant's guilty plea (see People v. McGuay, 120 A.D.3d 1566, 1567, 993 N.Y.S.2d 228 [4th Dept. 2014], lv. denied 25 N.Y.3d 1167, 15 N.Y.S.3d 299, 36 N.E.3d 102 [2015] ). We conclude that the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.