Opinion
173 KA 19-01120
03-11-2022
The PEOPLE of the State of New York, Respondent, v. Bryan L. LEE, Defendant-Appellant.
TIMOTHY J. BRENNAN, AUBURN, FOR DEFENDANT-APPELLANT. JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.
TIMOTHY J. BRENNAN, AUBURN, FOR DEFENDANT-APPELLANT.
JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., SMITH, NEMOYER, AND CURRAN, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted assault in the first degree ( Penal Law §§ 110.00, 120.10 [1] ). When the appeal was previously before us, we held the case, reserved decision, and remitted the matter to County Court "for the assignment of new counsel and a de novo determination of defendant's motion and request to withdraw the guilty plea" ( People v. Lee , 188 A.D.3d 1685, 1686, 132 N.Y.S.3d 390 [4th Dept. 2020] ). Upon remittal, new counsel was assigned, but defendant then withdrew his motion and request to withdraw the plea. We now affirm.
Contrary to defendant's contention, the agreed-upon sentence is not unduly harsh or severe.