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People v. Rucker

Supreme Court of New York, Fourth Department
Jun 30, 2023
2023 N.Y. Slip Op. 3621 (N.Y. App. Div. 2023)

Opinion

No. 445 KA 18-02182

06-30-2023

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANTHONY B. RUCKER, DEFENDANT-APPELLANT.

JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (PAUL SKIP LAISURE OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (SCOTT MYLES OF COUNSEL), FOR RESPONDENT.


JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (PAUL SKIP LAISURE OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (SCOTT MYLES OF COUNSEL), FOR RESPONDENT.

PRESENT: SMITH, J.P., PERADOTTO, CURRAN, MONTOUR, AND OGDEN, JJ.

Appeal from a judgment of the Monroe County Court (Victoria M. Argento, J.), rendered August 16, 2018. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the first degree.

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 burglary in the first degree (Penal Law §§ 110.00, 140.30 [4]). We agree with defendant, and the People correctly concede, that his waiver of the right to appeal is invalid (see People v Thomas, 34 N.Y.3d 545, 564-566 [2019], cert denied - U.S. -, 140 S.Ct. 2634 [2020]). We are therefore not precluded from reviewing defendant's challenge to the severity of his sentence. Nevertheless, we reject defendant's contention that the sentence is unduly harsh and severe.


Summaries of

People v. Rucker

Supreme Court of New York, Fourth Department
Jun 30, 2023
2023 N.Y. Slip Op. 3621 (N.Y. App. Div. 2023)
Case details for

People v. Rucker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANTHONY B. RUCKER…

Court:Supreme Court of New York, Fourth Department

Date published: Jun 30, 2023

Citations

2023 N.Y. Slip Op. 3621 (N.Y. App. Div. 2023)