| People v Doblinger |
| 2014 NY Slip Op 03122 [117 AD3d 1484] |
| May 2, 2014 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vMichael A. Doblinger, Appellant. (Appeal No. 1.) |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of counsel), fordefendant-appellant.
Frank A. Sedita, III, District Attorney, Buffalo (David A. Heraty of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (M. William Boller,A.J.), rendered August 16, 2012. The judgment convicted defendant, upon his plea ofguilty, of criminal possession of stolen property in the fourth degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: In each of these three appeals, defendant appeals from a judgmentconvicting him upon his plea of guilty of criminal possession of stolen property in thefourth degree (Penal Law § 165.45 [1], [5]). Although we agree withdefendant that his waiver of the right to appeal does not encompass his challenge to theseverity of the sentences imposed inasmuch as there is no indication in the record of theplea allocution that defendant was waiving his right to appeal the severity of thesentences (see People vMaracle, 19 NY3d 925, 928 [2012]; People v Pimentel, 108 AD3d 861, 862 [2013], lvdenied 21 NY3d 1076 [2013]), we nevertheless conclude that the sentences are notunduly harsh or severe. Present—Smith, J.P., Peradotto, Carni, Sconiers andValentino, JJ.