Opinion
2014-05-2
The PEOPLE of the State of New York, Respondent, v. Michael A. DOBLINGER, Defendant–Appellant. (Appeal No. 1.)
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (David A. Heraty of Counsel), for Respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (David A. Heraty of Counsel), for Respondent.
PRESENT: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, and VALENTINO, JJ.
MEMORANDUM:
In each of these three appeals, defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of stolen property in the fourth degree (Penal Law § 165.45[1], [5] ). Although we agree with defendant that his waiver of the right to appeal does not encompass his challenge to the severity of the sentences imposed inasmuch as there is no indication in the record of the plea allocution that defendant was waiving his right to appeal the severity of the sentences ( see People v. Maracle, 19 N.Y.3d 925, 928, 950 N.Y.S.2d 498, 973 N.E.2d 1272;People v. Pimentel, 108 A.D.3d 861, 862, 969 N.Y.S.2d 574,lv. denied21 N.Y.3d 1076, 974 N.Y.S.2d 325, 997 N.E.2d 150), we nevertheless conclude that the sentences are not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.