DIAZ, JULIO, PEOPLE v ( 2016 )


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  •            SUPREME COURT OF THE STATE OF NEW YORK
    Appellate Division, Fourth Judicial Department
    733
    KA 14-00310
    PRESENT: SMITH, J.P., PERADOTTO, DEJOSEPH, TROUTMAN, AND SCUDDER, JJ.
    THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
    V                              MEMORANDUM AND ORDER
    JULIO DIAZ, DEFENDANT-APPELLANT.
    TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JAMES A. HOBBS OF
    COUNSEL), FOR DEFENDANT-APPELLANT.
    SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF
    COUNSEL), FOR RESPONDENT.
    Appeal from a judgment of the Supreme Court, Monroe County
    (Joanne M. Winslow, J.), rendered November 12, 2013. The judgment
    convicted defendant, upon his plea of guilty, of course of sexual
    conduct against a child in the first 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 course of sexual conduct against a child in
    the first degree (Penal Law § 130.75 [1] [a]). As the People
    correctly concede, defendant’s oral and written waivers of his right
    to appeal from his conviction do not encompass his challenge to the
    severity of his sentence and thus do not foreclose our review of that
    challenge (see People v Maracle, 19 NY3d 925, 927-928; People v
    Tomeno, 141 AD3d 1120, 1120-1121). We nevertheless conclude that the
    sentence is not unduly harsh or severe.
    Entered:    September 30, 2016                     Frances E. Cafarell
    Clerk of the Court
    

Document Info

Docket Number: KA 14-00310

Filed Date: 9/30/2016

Precedential Status: Precedential

Modified Date: 10/7/2016