| People v Peterson |
| 2013 NY Slip Op 07618 [111 AD3d 1412] |
| November 15, 2013 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v LarryM. Peterson, Appellant. |
—[*1] Lori Pettit Rieman, District Attorney, Little Valley (John C. Luzier of counsel), forrespondent.
Appeal from a judgment of the Cattaraugus County Court (M. William Boller, A.J.),rendered May 14, 2012. The judgment convicted defendant, upon his plea of guilty, ofattempted criminal sale of a controlled substance in the third 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 attempted criminal sale of a controlled substance in the third degree (Penal Law§§ 110.00, 220.39 [1]). We agree with defendant that the waiver of the rightto appeal does not encompass his challenge to the severity of the sentence because "nomention was made on the record during the course of the allocution concerning thewaiver of defendant's right to appeal" with respect to his conviction that he was alsowaiving his right to appeal any issue concerning the severity of the sentence (People v Pimentel, 108 AD3d861, 862 [2013]; seePeople v Maracle, 19 NY3d 925, 928 [2012]). We nevertheless conclude thatthe sentence is not unduly harsh or severe. Present—Smith, J.P., Centra, Fahey,Carni and Whalen, JJ.