Opinion
11-20-2015
The PEOPLE of the State of New York, Respondent, v. Dusk A. TOCHA, Defendant–Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Susan C. Ministero of Counsel), for Defendant–Appellant. Jay D. Carr, Special Prosecutor, Olean, for Respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Susan C. Ministero of Counsel), for Defendant–Appellant.
Jay D. Carr, Special Prosecutor, Olean, for Respondent.
Opinion
MEMORANDUM:
On appeal from a judgment convicting him upon his plea of guilty of course of sexual conduct against a child in the first degree (Penal Law § 130.75[1][b] ), defendant contends that his sentence is unduly harsh and severe. Although defendant's waiver of his right to appeal does not encompass his challenge to the severity of the sentence “inasmuch as [County] Court did not explain during the course of the allocution concerning the waiver of the right to appeal that he was waiving the right to appeal any issue regarding the severity of the sentence” (People v. Donaldson, 130 A.D.3d 1486, 1486, 13 N.Y.S.3d 741), we nevertheless perceive no basis in the record to modify the negotiated sentence as a matter of discretion in the interest of justice (see CPL 470.15[6][b] ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SCUDDER, P.J., SMITH, CARNI, LINDLEY, and VALENTINO, JJ., concur.