People v Putman

Jul 6, 2018
850 KA 16-00655
Versions:2018 NY Slip Op 05108
163 AD3d 1461

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), for respondent.

Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered June 23, 2015. The judgment convicted defendant, upon his plea of guilty, of burglary in the second degree 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 of burglary 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 to appeal, and his valid waiver encompasses his contention that the sentence is unduly harsh and severe (see People v Bryant, 28 NY3d 1094, 1096 [2016]; People v Lopez, 6 NY3d 248, 255-256 [2006]). Present—Peradotto, J.P., Lindley, NeMoyer, Curran and Troutman, JJ.