People v. Turnage
Opinion
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Bureau Thomas J.K. Smith, State Reporter
People v Turnage
2026 NY Slip Op 04716
July 24, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v
CATHERINE D. TURNAGE, DEFENDANT-APPELLANT.
Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department
Decided on July 24, 2026
558 KA 23-02074
Present: Lindley, J.P., Bannister, Ogden, Delconte, And Hannah, JJ.
TINA L. HARTWELL, PUBLIC DEFENDER, UTICA (DAVID A. COOKE OF COUNSEL), FOR DEFENDANT-APPELLANT.
TODD C. CARVILLE, DISTRICT ATTORNEY, UTICA (MICHAEL A. LABELLA OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Oneida County Court (Robert Bauer, J.), rendered April 21, 2023. The judgment convicted defendant, upon a plea of guilty, of attempted robbery in the second degree.
[*1]It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting her, upon a plea of guilty, of attempted robbery in the second degree (Penal Law §§ 110.00, 160.10 [1]). Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid (see People v Reed, 244 AD3d 1815, 1815 [4th Dept 2025]; People v Tennant, 217 AD3d 1564, 1564 [4th Dept 2023]; see generally People v Thomas, 34 NY3d 545, 564-566 [2019], cert denied 589 US 1302 [2020]) and thus does not preclude our review of her challenge to the severity of the sentence (see People v Mendoza, 37 NY3d 1075, 1076 [2021]), we nevertheless conclude that the sentence is not unduly harsh or severe. We have reviewed defendant's remaining contention and conclude that it does not warrant modification or reversal of the judgment.
Entered: July 24, 2026
Ann Dillon Flynn
Clerk of the Court
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