People v Putman
2018 NY Slip Op 05108 [163 AD3d 1461]
July 6, 2018
Appellate Division, Fourth Department
As corrected through Wednesday, August 29, 2018


[*1]
 The People of the State of New York,Respondent,
v
Michael Putman, Appellant.

John J. Raspante, Utica, for defendant-appellant.

Scott D. McNamara, District Attorney, Utica (Steven G. Cox of counsel), forrespondent.

Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered June23, 2015. The judgment convicted defendant, upon his plea of guilty, of burglary in the seconddegree and petit larceny.

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 ofburglary in the second degree (Penal Law § 140.25 [2]) and petit larceny(§ 155.25). Defendant does not challenge the validity of his waiver of the right toappeal, and his valid waiver encompasses his contention that the sentence is unduly harsh andsevere (see People v Bryant, 28NY3d 1094, 1096 [2016]; People vLopez, 6 NY3d 248, 255-256 [2006]). Present—Peradotto, J.P., Lindley,NeMoyer, Curran and Troutman, JJ.


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