| People v Cribb |
| 2020 NY Slip Op 01801 [181 AD3d 1218] |
| March 13, 2020 |
| 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 Gerard D. Cribb, Also Known as Jerry Hargrave, Also Known as Gerald Cribb, Appellant. |
Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes 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 (Thomas E. Moran, J.), rendered March 16, 2015. The judgment convicted defendant, upon a 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: Defendant appeals 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]). We affirm. Even assuming, arguendo, that defendant's waiver of the right to appeal does not encompass his challenge to the severity of the period of postrelease supervision imposed by Supreme Court, we nevertheless conclude that such aspect of his sentence is not unduly harsh or severe. Present—Smith, J.P., Carni, NeMoyer, Curran and Bannister, JJ.