Opinion
556 KA 20-01298
06-17-2021
The PEOPLE of the State of New York, Respondent, v. Steven P. KNORR, Defendant-Appellant.
DANIELLE C. WILD, ROCHESTER, FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER ( KAYLAN PORTER OF COUNSEL), FOR RESPONDENT.
DANIELLE C. WILD, ROCHESTER, FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER ( KAYLAN PORTER OF COUNSEL), FOR RESPONDENT.
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, CURRAN, AND BANNISTER, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the resentence so appealed from is unanimously affirmed.
Memorandum: Defendant was convicted upon his plea of guilty of sexual abuse in the first degree ( Penal Law § 130.65 [3] ). On a prior appeal, we modified the judgment of conviction by vacating the sentence imposed thereon and remitted the matter to County Court for resentencing ( People v. Knorr , 186 A.D.3d 1090, 1092, 127 N.Y.S.3d 373 [4th Dept. 2020] ). Defendant now appeals from the resentence. We affirm.
Assuming, arguendo, that defendant's waiver of the right to appeal is invalid or otherwise does not encompass his challenge to the severity of the resentence ( see generally People v. Blackwell , 129 A.D.3d 1690, 1690, 12 N.Y.S.3d 425 [4th Dept. 2015], lv denied 26 N.Y.3d 926, 17 N.Y.S.3d 89, 38 N.E.3d 835 [2015] ), we nevertheless conclude that the resentence is not unduly harsh or severe.