| People v Leiser |
| 2015 NY Slip Op 00102 [124 AD3d 1349] |
| January 2, 2015 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Robert Leiser, Jr., Also Known as Robert P. Leiser, Jr., AlsoKnown as Robert P. Leiser, II, Also Known as Robert P. Leiser, Also Known as RobertLeiser, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Nicholas P. Difonzo of counsel), fordefendant-appellant.
Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), forrespondent.
Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.),rendered June 12, 2013. The judgment convicted defendant, upon his plea of guilty, ofattempted assault in the second degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty ofattempted assault in the second degree (Penal Law §§ 110.00, 120.05[2]), defendant contends that the waiver of the right to appeal is not valid and challengesthe severity of the sentence. Although the record establishes that defendant knowingly,voluntarily and intelligently waived the right to appeal (see generally People v Lopez,6 NY3d 248, 256 [2006]), we conclude that the valid waiver of the right to appealdoes not encompass the challenge to the severity of the sentence because County Courtdid not advise defendant, at the time of his plea, of the potential term of incarcerationthat he would face if he violated the terms of his release under supervision (see People v Eron, 79 AD3d1774, 1775 [2010]). Nevertheless, on the merits, we conclude that the sentence isnot unduly harsh or severe. Present—Centra, J.P., Fahey, Valentino, Whalen andDeJoseph, JJ.