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The People of the State of New York, Respondent, v. Anthony L. Cerroni, Appellant

New York Supreme Court, Appellate Division2016-07-01
141 A.D.3d 111433 N.Y.S.3d 796

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Opinion

majority opinion

— Appeal from a judgment of the Supreme Court, Monroe County (Daniel J. Doyle, J.), rendered March 11, 2014. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second 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 second degree (Penal Law §§ 110.00, 140.25 [2]). The waiver of the right to appeal does not encompass defendant’s challenge to the severity of the sentence (see People v Peterson, 111 AD3d 1412, 1412 [2013]). We nevertheless conclude that the sentence is not unduly harsh or severe.

Present — Peradotto, J.P., Carni, Curran, Troutman and Scudder, JJ.