People v. Herman

• Decision Date: 16 June 2017
• Citation: 151 A.D.3d 1866,54 N.Y.S.3d 352 (Mem)
• Parties: The PEOPLE of the State of New York, Respondent, v. Robert F. HERMAN, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

151 A.D.3d 1866

54 N.Y.S.3d 352 (Mem)

The PEOPLE of the State of New York, Respondent,

v.Robert F. HERMAN, Defendant–Appellant.

Supreme Court, Appellate Division, Fourth Department, New York.

June 16, 2017.

Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of Counsel), for defendant-appellant.

Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for respondent.

MEMORANDUM:

Defendant appeals from a judgment convicting him upon his plea of guilty of failure to register as a sex offender (Correction Law §§ 168–f[4] ; 168–t). Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid and thus does not preclude our review of his challenge to the severity of his sentence (see People v. Davis, 114 A.D.3d 1166, 1167, 979 N.Y.S.2d 903, lv. denied 23 N.Y.3d 1035, 993 N.Y.S.2d 249, 17 N.E.3d 504 ), we—conclude that the sentence is not unduly harsh or severe.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

SMITH, J.P., CENTRA, PERADOTTO, LINDLEY, and NEMOYER, JJ., concur.