| People v Cerroni |
| 2016 NY Slip Op 05288 [141 AD3d 1114] |
| July 1, 2016 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Anthony L. Cerroni, Appellant. |
Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Monroe County (Daniel J. Doyle, J.), rendered March 11, 2014. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second 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 attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]). The waiver of the right to appeal does not encompass defendant's challenge to the severity of the sentence (see People v Peterson, 111 AD3d 1412, 1412 [2013]). We nevertheless conclude that the sentence is not unduly harsh or severe. Present—Peradotto, J.P., Carni, Curran, Troutman and Scudder, JJ.