| People v Wheeler |
| 2018 NY Slip Op 01788 [159 AD3d 1425] |
| March 16, 2018 |
| 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 Lloyd W. Wheeler, III, Appellant. |
Cara A. Waldman, Fairport, for defendant-appellant.
Lloyd W. Wheeler, III, defendant-appellant pro se.
R. Michael Tantillo, District Attorney, Canandaigua (Colleen Sullivan of counsel), for respondent.
Appeal from a judgment of the Ontario County Court (Frederick G. Reed, A.J.), rendered June 1, 2016. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal
possession of a weapon in the second degree (Penal Law § 265.03 [3]), defendant
contends that the sentence is unduly harsh and severe. We reject that contention. Defendant
received the benefit of an advantageous plea agreement in which he pleaded guilty to one count
in satisfaction of the two counts charged in the indictment, and County Court imposed the
minimum term of incarceration of 3