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People v. Sampson

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
Feb 1, 2019
2019 N.Y. Slip Op. 723 (N.Y. App. Div. 2019)

Opinion

98 KA 17-00365

02-01-2019

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ROBERT J. SAMPSON, JR., DEFENDANT-APPELLANT.

D.J. & J.A. CIRANDO, PLLC, SYRACUSE (BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT. KRISTYNA S. MILLS, DISTRICT ATTORNEY, WATERTOWN (HARMONY A. HEALY OF COUNSEL), FOR RESPONDENT.


PRESENT:

D.J. & J.A. CIRANDO, PLLC, SYRACUSE (BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT.

KRISTYNA S. MILLS, DISTRICT ATTORNEY, WATERTOWN (HARMONY A. HEALY OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered August 5, 2013. The judgment convicted defendant, upon his plea of guilty, of burglary in the third 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 burglary in the third degree (Penal Law § 140.20). Defendant's contention that there were defects in County Court's arraignment procedure was forfeited by his guilty plea (see People v Judd, 111 AD3d 1421, 1422 [4th Dept 2013], lv denied 23 NY3d 1039 [2014]; see generally People v Konieczny, 2 NY3d 569, 574-575 [2004]). We agree with defendant that his waiver of the right to appeal is invalid, for reasons stated in defendant's prior appeal from a separate conviction that involved the same appeal waiver (People v Sampson, 149 AD3d 1486, 1486-1487 [4th Dept 2017]). We nevertheless conclude that the sentence is not unduly harsh or severe.

Entered: February 1, 2019

Mark W. Bennett

Clerk of the Court


Summaries of

People v. Sampson

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
Feb 1, 2019
2019 N.Y. Slip Op. 723 (N.Y. App. Div. 2019)
Case details for

People v. Sampson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ROBERT J. SAMPSON…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Feb 1, 2019

Citations

2019 N.Y. Slip Op. 723 (N.Y. App. Div. 2019)