| People v Lorenz |
| 2014 NY Slip Op 05278 [119 AD3d 1450] |
| July 11, 2014 |
| Appellate Division, Fourth Department |
[*1]
| 1 The People of the State of New York, Respondent, vMark A. Lorenz, Appellant. |
Erickson Webb Scolton & Hajdu, Lakewood (Lyle T. Hajdu of counsel), fordefendant-appellant.
Eric T. Schneiderman, Attorney General, Albany (Jodi A. Danzig of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.),rendered September 22, 2010. The judgment convicted defendant, upon his plea ofguilty, of criminal possession of a controlled substance in the fifth degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea ofguilty of criminal possession of a controlled substance in the fifth degree (Penal Law§ 220.06 [1]). We agree with defendant that the waiver of the right toappeal 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 his conviction" that he was also waiving his right toappeal any issue concerning the severity of the sentence (People v Pimentel, 108 AD3d861, 862 [2013], lv denied 21 NY3d 1076 [2013]; see People v Maracle, 19NY3d 925, 928 [2012]). We nevertheless conclude that the sentence is not undulyharsh or severe. Present—Scudder, P.J., Smith, Peradotto, Sconiers and Whalen,JJ.