People v. Bonk ( 2019 )

People v Bonk (2019 NY Slip Op 05300)

People v Bonk

2019 NY Slip Op 05300

Decided on June 28, 2019

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 28, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., CENTRA, LINDLEY, DEJOSEPH, AND TROUTMAN, JJ.

745 KA 17-01414

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

SEBASTIAN L. BONK, DEFENDANT-APPELLANT.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (SUSAN C. MINISTERO OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION (SUSAN M. HOWARD OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered May 22, 2017. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a forged instrument in the first degree and assault 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 assault in the second degree (Penal Law

§ 120.05 [3]) and attempted criminal possession of a forged instrument in the first degree (§§ 110.00, 170.30). 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 Walls, 166 AD3d 1528, 1528 [4th Dept 2018], lv denied 32 NY3d 1179 [2019]), we nevertheless conclude that the sentence is not unduly harsh or severe.

Entered: June 28, 2019

Mark W. Bennett

Clerk of the Court