People v. Doblinger

Appellate Division of the Supreme Court of New York

People v. Doblinger

117 A.D.3d 1484, 985 N.Y.S.2d 779

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 2, 2014

DocketAppeal No. 1

StatusPublished

This text of 117 A.D.3d 1484 (People v. Doblinger) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Doblinger, 117 A.D.3d 1484, 985 N.Y.S.2d 779 (N.Y. Ct. App. 2014).

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Opinion

Appeal from a judgment of the Supreme Court, Erie County (M. William Boiler, A.J.), rendered August 16, 2012. The judgment convicted defendant, upon his plea of guilty, of criminal possession of stolen property in the fourth degree.

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

[1485]*1485Memorandum: In each of these three appeals, defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of stolen property in the fourth degree (Penal Law § 165.45 [1], [5]). Although we agree with defendant that his waiver of the right to appeal does not encompass his challenge to the severity of the sentences imposed inasmuch as there is no indication in the record of the plea allocution that defendant was waiving his right to appeal the severity of the sentences (see People v Maracle, 19 NY3d 925, 928 [2012]; People v Pimentel, 108 AD3d 861, 862 [2013], lv denied 21 NY3d 1076 [2013]), we nevertheless conclude that the sentences are not unduly harsh or severe.

Present — Smith, J.P, Peradotto, Carni, Sconiers and Valentino, JJ.

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Appeal from a judgment of the Supreme Court, Erie County (M. William Boiler, A.J.), rendered August 16, 2012. The judgment convicted defendant, upon his plea of guilty, of criminal possession of stolen property in the fourth degree.

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

[1485]*1485Memorandum: In each of these three appeals, defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of stolen property in the fourth degree (Penal Law § 165.45 [1], [5]). Although we agree with defendant that his waiver of the right to appeal does not encompass his challenge to the severity of the sentences imposed inasmuch as there is no indication in the record of the plea allocution that defendant was waiving his right to appeal the severity of the sentences (see People v Maracle, 19 NY3d 925, 928 [2012]; People v Pimentel, 108 AD3d 861, 862 [2013], lv denied 21 NY3d 1076 [2013]), we nevertheless conclude that the sentences are not unduly harsh or severe.

Present — Smith, J.P, Peradotto, Carni, Sconiers and Valentino, JJ.

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Bluebook (online)

117 A.D.3d 1484, 985 N.Y.S.2d 779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-doblinger-nyappdiv-2014.

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