| People v Giuliano |
| 2017 NY Slip Op 05377 [151 AD3d 1958] |
| June 30, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v RiccardoGiuliano, Also Known as Guiliano, Appellant. |
Timothy P. Donaher, Public Defender, Rochester (Jane I. Yoon 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 (Melchor E. Castro, A.J.), renderedJune 10, 2014. The judgment revoked defendant's sentence of probation and imposed a sentenceof imprisonment.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment revoking the sentence of probationpreviously imposed upon his conviction of failure to register and/or verify as a sex offender as aclass E felony (Correction Law §§ 168-f [4]; 168-t) and sentencing him to aterm of incarceration based on his admission that he violated conditions of his probation. Weagree with defendant that the waiver of the right to appeal, although it encompassed the sentenceof probation, does not encompass his challenge to the severity of the sentence imposed followinghis violations of probation (see People vWilliams, 140 AD3d 1749, 1750 [2016], lv denied 28 NY3d 975 [2016]; People v Johnson, 77 AD3d 1441,1442 [2010], lv denied 15 NY3d 953 [2010]). We nonetheless conclude that, in light ofdefendant's numerous admitted violations of probation, the maximum term of incarceration of1