People v. Giuliano

Appellate Division of the Supreme Court of New York

People v. Giuliano

2017 NY Slip Op 5377, 151 A.D.3d 1958, 54 N.Y.S.3d 904

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

DecidedJune 30, 2017

Docket912 KA 15-00007

StatusPublished

Cited by7 cases

This text of 2017 NY Slip Op 5377 (People v. Giuliano) 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. Giuliano, 2017 NY Slip Op 5377, 151 A.D.3d 1958, 54 N.Y.S.3d 904 (N.Y. Ct. App. 2017).

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Opinion

Appeal from a judgment of the Monroe County Court (Melchor E. Castro, A.J.), rendered June 10, 2014. The judgment revoked defendant’s sentence of probation and imposed a sentence of imprisonment.

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

Memorandum: Defendant appeals from a judgment revoking the sentence of probation previously imposed upon his conviction of failure to register and/or verify as a sex offender as a *1959 class E felony (Correction Law §§ 168-f [4]; 168-t) and sentencing him to a term of incarceration based on his admission that he violated conditions of his probation. We agree with defendant that the waiver of the right to appeal, although it encompassed the sentence of probation, does not encompass his challenge to the severity of the sentence imposed following his violations of probation (see People v Williams, 140 AD3d 1749, 1750 [2016], lv denied 28 NY3d 975 [2016]; People v Johnson, 77 AD3d 1441, 1442 [2010], lv denied 15 NY3d 953 [2010]). We nonetheless conclude that, in light of defendant’s numerous admitted violations of probation, the maximum term of incarceration of 1½ to 4 years imposed by County Court is not unduly harsh or severe.

Present — Centra, J.P., Peradotto, DeJoseph, NeMoyer and Troutman, JJ.

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Appeal from a judgment of the Monroe County Court (Melchor E. Castro, A.J.), rendered June 10, 2014. The judgment revoked defendant’s sentence of probation and imposed a sentence of imprisonment.

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

Memorandum: Defendant appeals from a judgment revoking the sentence of probation previously imposed upon his conviction of failure to register and/or verify as a sex offender as a *1959 class E felony (Correction Law §§ 168-f [4]; 168-t) and sentencing him to a term of incarceration based on his admission that he violated conditions of his probation. We agree with defendant that the waiver of the right to appeal, although it encompassed the sentence of probation, does not encompass his challenge to the severity of the sentence imposed following his violations of probation (see People v Williams, 140 AD3d 1749, 1750 [2016], lv denied 28 NY3d 975 [2016]; People v Johnson, 77 AD3d 1441, 1442 [2010], lv denied 15 NY3d 953 [2010]). We nonetheless conclude that, in light of defendant’s numerous admitted violations of probation, the maximum term of incarceration of 1½ to 4 years imposed by County Court is not unduly harsh or severe.

Present — Centra, J.P., Peradotto, DeJoseph, NeMoyer and Troutman, JJ.

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Bluebook (online)

2017 NY Slip Op 5377, 151 A.D.3d 1958, 54 N.Y.S.3d 904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-giuliano-nyappdiv-2017.

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