| People v Pieper |
| 2013 NY Slip Op 01719 [104 AD3d 1225] |
| March 15, 2013 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, vSteven M. Pieper, Appellant. |
—[*1] William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel),for respondent.
Appeal from a judgment of the Onondaga County Court (Anthony F. Aloi, J.),rendered March 8, 2011. The judgment convicted defendant, upon his plea of guilty, ofmurder 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 ofguilty of murder in the second degree (Penal Law § 125.25 [1]). We agree withdefendant that the purported waiver of the right to appeal is not valid inasmuch asCounty Court failed to obtain a knowing and voluntary waiver of that right at the time ofthe plea, and instead obtained the purported waiver at sentencing (see generally People v Lopez,6 NY3d 248, 256 [2006]). In any event, we conclude that the sentence, which wasimposed in accordance with the terms of the plea agreement, is not unduly harsh orsevere. Present—Scudder, P.J., Peradotto, Carni, Lindley and Whalen, JJ.