Opinion
No. 624 KA 23-01105
11-15-2024
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANDREW M. WILSON, DEFENDANT-APPELLANT.
THOMAS L. PELYCH, HORNELL, FOR DEFENDANT-APPELLANT. BRITTANY GROME ANTONACCI, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.
THOMAS L. PELYCH, HORNELL, FOR DEFENDANT-APPELLANT.
BRITTANY GROME ANTONACCI, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., CURRAN, GREENWOOD, NOWAK, AND KEANE, JJ.
Appeal from a judgment of the Cayuga County Court (Thomas G. Leone, J.), rendered June 1, 2023. The judgment convicted defendant upon a guilty plea of aggravated family offense.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of aggravated family offense (Penal Law § 240.75), defendant contends that County Court erred in imposing an enhanced sentence based upon defendant's postplea conduct. Because defendant did not object to the enhanced sentence or move to withdraw his guilty plea or to vacate the judgment of conviction, he failed to preserve that contention for our review (see People v Roberto, 224 A.D.3d 1367, 1368 [4th Dept 2024]; People v Bishop, 198 A.D.3d 1381, 1382 [4th Dept 2021], lv denied 37 N.Y.3d 1095 [2021]). We reject defendant's contention that the enhanced sentence is unduly harsh and severe.