People v. Salas

Appellate Division of the Supreme Court of New York

People v. Salas

147 A.D.3d 1541, 46 N.Y.S.3d 468

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

DecidedFebruary 10, 2017

StatusPublished

This text of 147 A.D.3d 1541 (People v. Salas) 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. Salas, 147 A.D.3d 1541, 46 N.Y.S.3d 468 (N.Y. Ct. App. 2017).

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Opinion

Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), rendered May 29, 2015. 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 that, upon his admission that he violated the terms and conditions of probation, revoked the sentence of probation imposed upon his conviction of burglary in the third degree (Penal Law § 140.20) and sentenced him to an indeterminate term of incarceration of 1 to 3 years. Even assuming, arguendo, that defendant’s waiver of the right to appeal was invalid and does not preclude our review of his challenge to the severity of the [1542]*1542sentence (see People v Davis, 114 AD3d 1166, 1167 [2014], lv denied 23 NY3d 1035 [2014]; People v Theall, 109 AD3d 1107, 1108 [2013], lv denied 22 NY3d 1159 [2014]), we nevertheless conclude that the sentence is not unduly harsh or severe.

Present — Whalen, P.J., Centra, Lindley, NeMoyer and Troutman, JJ.

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Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), rendered May 29, 2015. 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 that, upon his admission that he violated the terms and conditions of probation, revoked the sentence of probation imposed upon his conviction of burglary in the third degree (Penal Law § 140.20) and sentenced him to an indeterminate term of incarceration of 1 to 3 years. Even assuming, arguendo, that defendant’s waiver of the right to appeal was invalid and does not preclude our review of his challenge to the severity of the [1542]*1542sentence (see People v Davis, 114 AD3d 1166, 1167 [2014], lv denied 23 NY3d 1035 [2014]; People v Theall, 109 AD3d 1107, 1108 [2013], lv denied 22 NY3d 1159 [2014]), we nevertheless conclude that the sentence is not unduly harsh or severe.

Present — Whalen, P.J., Centra, Lindley, NeMoyer and Troutman, JJ.

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Bluebook (online)

147 A.D.3d 1541, 46 N.Y.S.3d 468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-salas-nyappdiv-2017.

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