People v. Herman

Appellate Division of the Supreme Court of New York

People v. Herman

2017 NY Slip Op 5010, 151 A.D.3d 1866, 54 N.Y.S.3d 352

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

DecidedJune 16, 2017

Docket838 KA 15-00279

StatusPublished

Cited by4 cases

This text of 2017 NY Slip Op 5010 (People v. Herman) 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. Herman, 2017 NY Slip Op 5010, 151 A.D.3d 1866, 54 N.Y.S.3d 352 (N.Y. Ct. App. 2017).

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Opinion

Appeal from a *1867 judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered December 3, 2014. The judgment convicted defendant, upon his plea of guilty, of failure to register as a sex offender.

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 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 AD3d 1166, 1167 [2014], lv denied 23 NY3d 1035 [2014]), we conclude that the sentence is not unduly harsh or severe.

Present — Smith, J.P., Centra, Peradotto, Lindley and NeMoyer, JJ.

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Appeal from a *1867 judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered December 3, 2014. The judgment convicted defendant, upon his plea of guilty, of failure to register as a sex offender.

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 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 AD3d 1166, 1167 [2014], lv denied 23 NY3d 1035 [2014]), we conclude that the sentence is not unduly harsh or severe.

Present — Smith, J.P., Centra, Peradotto, Lindley and NeMoyer, JJ.

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Bluebook (online)

2017 NY Slip Op 5010, 151 A.D.3d 1866, 54 N.Y.S.3d 352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-herman-nyappdiv-2017.

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