| People v Vanskiver |
| 2026 NY Slip Op 01633 |
| Decided on March 20, 2026 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
THOMAS L. PELYCH, HORNELL, FOR DEFENDANT-APPELLANT.
ASHLEY J. WILLIAMS, DISTRICT ATTORNEY, GENESEO, FOR RESPONDENT.
Appeal from a judgment of the Livingston County Court (Jennifer M. Noto, J.), rendered July 11, 2024. The judgment convicted defendant upon a plea of guilty of burglary in the third degree.
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 burglary in the third degree (Penal Law § 140.20). We affirm.
Because defendant does not raise any challenge to the validity of his waiver of the right to appeal (see People v Seymore, 188 AD3d 1767, 1768 [4th Dept 2020], lv denied 36 NY3d 1100 [2021]; People v Rosado-Thomas, 181 AD3d 1166, 1166 [4th Dept 2020], lv denied 35 NY3d 1048 [2020]), his challenge to the severity of his sentence "is foreclosed by his unchallenged waiver of the right to appeal" (Rosado-Thomas, 181 AD3d at 1167; see People v Halsey, 222 AD3d 1409, 1411 [4th Dept 2023], lv denied 41 NY3d 943 [2024]; People v Putman, 163 AD3d 1461, 1461 [4th Dept 2018]).
Entered: March 20, 2026
Ann Dillon Flynn
Clerk of the Court