| People v Vasquez |
| 2016 NY Slip Op 02183 [137 AD3d 1636] |
| March 25, 2016 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vBenancio Vasquez, Appellant. |
Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of counsel), fordefendant-appellant.
Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (James J. Piampiano, J.),rendered March 23, 2012. The judgment convicted defendant, upon his plea of guilty, ofcourse of sexual conduct against a child in the second 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 course of sexual conduct against a child in the second degree (Penal Law§ 130.80 [1] [b]). Defendant was sentenced to a determinate term ofincarceration of five years to be followed by 10 years of postrelease supervision. Thevalid waiver by defendant of his right to appeal encompasses his challenge to the severityof the sentence (see People vLopez, 6 NY3d 248, 256 [2006]; People v Hidalgo, 91 NY2d 733, 737[1998]). In any event, we conclude that the sentence is not unduly harsh or severe.Present—Whalen, P.J., Centra, Peradotto, Carni and Scudder, JJ.