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People v. Odom

Supreme Court, Appellate Division, Third Department, New York.
May 18, 2017
150 A.D.3d 1484 (N.Y. App. Div. 2017)

Opinion

05-18-2017

The PEOPLE of the State of New York, Respondent, v. Michael ODOM, Appellant.

Robert W. Linville, Public Defender, Hudson (Jessica Howser of counsel), for appellant. Paul Czajka, District Attorney, Hudson (Trevor O. Flicke of counsel), for respondent.


Robert W. Linville, Public Defender, Hudson (Jessica Howser of counsel), for appellant.

Paul Czajka, District Attorney, Hudson (Trevor O. Flicke of counsel), for respondent.

Appeal from a judgment of the County Court of Columbia County (Nichols, J.), rendered January 30, 2014, convicting defendant upon his plea of guilty of the crime of attempted course of sexual conduct against a child in the second degree.

Defendant waived indictment and pleaded guilty to the reduced charge of attempted course of sexual conduct against a child in the second degree and waived his right to appeal. County Court sentenced defendant in accordance with its sentencing commitment to a prison term of two years, followed by four years of postrelease supervision. Defendant appeals.

Defendant's sole contention on appeal is that the sentence imposed was harsh and excessive given, among other things, his remorse and acceptance of responsibility for the crime. However, defendant's unchallenged waiver of the right to appeal precludes our review of this contention (see People v. Guzman–Moore, 144 A.D.3d 1267, 1268, 40 N.Y.S.3d 289 [2016], lv. denied 29 N.Y.3d 949, 54 N.Y.S.3d 379, 76 N.E.3d 1082 [2017] ; People v. Perkins, 140 A.D.3d 1401, 1403, 33 N.Y.S.3d 584 [2016], lv. denied 28 N.Y.3d 1126, 51 N.Y.S.3d 22, 73 N.E.3d 362 [2016] ).

ORDERED that the judgment is affirmed.

LYNCH, J.P., DEVINE, CLARK, MULVEY and AARONS, JJ., concur.


Summaries of

People v. Odom

Supreme Court, Appellate Division, Third Department, New York.
May 18, 2017
150 A.D.3d 1484 (N.Y. App. Div. 2017)
Case details for

People v. Odom

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Michael ODOM…

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: May 18, 2017

Citations

150 A.D.3d 1484 (N.Y. App. Div. 2017)
52 N.Y.S.3d 235

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