Opinion
06-19-2015
The PEOPLE of the State of New York, Respondent, v. Matthew B. HORTON, Defendant–Appellant.
Davison Law Office, PLLC, Canandaigua (Mary P. Davison of Counsel), for Defendant–Appellant. Brooks T. Baker, District Attorney, Bath (John C. Tunney of Counsel), for Respondent.
Davison Law Office, PLLC, Canandaigua (Mary P. Davison of Counsel), for Defendant–Appellant.
Brooks T. Baker, District Attorney, Bath (John C. Tunney of Counsel), for Respondent.
Opinion
MEMORANDUM:
On appeal from a judgment convicting him upon his plea of guilty of grand larceny in the second degree (Penal Law § 155.40[1] ) and attempted kidnapping in the second degree (§§ 110.00, 135.20), 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 (see People v. Maracle, 19 N.Y.3d 925, 928, 950 N.Y.S.2d 498, 973 N.E.2d 1272 ), we reject that challenge.It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SCUDDER, P.J., SMITH, CARNI, LINDLEY, and DeJOSEPH, JJ., concur.