| People v King |
| 2017 NY Slip Op 07829 [155 AD3d 1574] |
| November 9, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v Curtis T.King, Appellant. |
Mark D. Funk, Conflict Defender, Rochester (Kathleen P. Reardon of counsel), fordefendant-appellant.
Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (John L. DeMarco, J.), rendered March20, 2013. The judgment convicted defendant, upon his plea of guilty, of criminal sexual act in thefirst degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofcriminal sexual act in the first degree (Penal Law § 130.50 [4]). Defendant'schallenge to County Court's order compelling him to provide a buccal swab for DNA analysis isforfeited by his guilty plea (see People vSmith, 138 AD3d 1415, 1416 [4th Dept 2016]; see generally People v Hansen,95 NY2d 227, 230-232 [2000]). Contrary to defendant's further contention, we conclude that thenegotiated sentence is not unduly harsh or severe. Present—Smith, J.P., Peradotto,DeJoseph, NeMoyer and Curran, JJ.