Opinion
06-10-2016
The PEOPLE of the State of New York, Respondent, v. Jordan WILLIAMS, Defendant–Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Caitlin M. Connelly of Counsel), for Defendant–Appellant. Michael J. Flaherty, Jr., Acting District Attorney, Buffalo (Nicholas T. Texido of Counsel), for Respondent.
Appeal from a judgment of the Supreme Court, Erie County (M. William Boller, A.J.), rendered May 12, 2014. The judgment convicted defendant, upon his plea of guilty, of robbery in the second degree (four counts), attempted robbery in the second degree, and robbery in the third degree.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Caitlin M. Connelly of Counsel), for Defendant–Appellant.
Michael J. Flaherty, Jr., Acting District Attorney, Buffalo (Nicholas T. Texido of Counsel), for Respondent.
Opinion
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of attempted robbery in the second degree (Penal Law §§ 110.00, 160.10 [1] ), robbery in the third degree (§ 160.05), and four counts of robbery in the second degree (§ 160.10[1], [2][b] ). As the People correctly concede, the waiver of the right to appeal does not encompass defendant's challenge to the severity of the sentence (see People v. Peterson, 111 A.D.3d 1412, 1412, 974 N.Y.S.2d 864 ). We nevertheless conclude that the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously af firmed.
SMITH, J.P., CENTRA, DeJOSEPH, CURRAN, and SCUDDER, JJ., concur.