| People v Vegas |
| 2021 NY Slip Op 02641 [193 AD3d 1349] |
| April 30, 2021 |
| 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 Peter Vegas, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Nicholas P. Difonzo of counsel), for defendant-appellant.
John J. Flynn, District Attorney, Buffalo (Michael J. Hillery of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Erie County (Deborah A. Haendiges, J.), rendered January 7, 2019. The judgment convicted defendant, upon a plea of guilty, of attempted murder in the second degree, assault in the second degree, and endangering the welfare of a child (three counts).
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 murder in the second degree (Penal Law §§ 110.00, 125.25 [1]), assault in the second degree (§ 120.05 [2]), and three counts of endangering the welfare of a child (§ 260.10 [1]). Even assuming, arguendo, that defendant did not validly waive his right to appeal (see generally People v Davis, 189 AD3d 2140, 2141 [4th Dept 2020]), we nevertheless conclude that the sentence is not unduly harsh or severe. Present—Whalen, P.J., Smith, Curran, Winslow and DeJoseph, JJ.