| People v Morey |
| 2019 NY Slip Op 08077 [177 AD3d 1334] |
| November 8, 2019 |
| 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 David Morey, Appellant. |
Anthony F. Brigano, Utica, for defendant-appellant.
Scott D. McNamara, District Attorney, Utica (Steven G. Cox of counsel), for respondent.
Appeal from a judgment of the Oneida County Court (Michael L. Dwyer, J.), rendered January 9, 2017. The judgment convicted defendant upon his plea of guilty of assault in the second degree (two counts).
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 two counts of assault in the second degree (Penal Law § 120.05 [2]), defendant contends only that his sentence is unduly harsh and severe. Defendant's unrestricted waiver of the right to appeal encompasses that contention (see People v Lopez, 6 NY3d 248, 255 [2006]; People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Smith, J.P., Peradotto, DeJoseph, NeMoyer and Winslow, JJ.