Opinion
06-30-2017
The PEOPLE of the State of New York, Respondent, v. Riccardo GIULIANO, also known as Guiliano, Defendant–Appellant.
Timothy P. Donaher, Public Defender, Rochester (Jane I. Yoon of Counsel), for defendant-appellant. Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for respondent.
Timothy P. Donaher, Public Defender, Rochester (Jane I. Yoon of Counsel), for defendant-appellant. Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment revoking the sentence of probation previously imposed upon his conviction of failure to register and/or verify as a sex offender as a class E felony (Correction Law §§ 168–f[4] ; 168–t) and sentencing him to a term of incarceration based on his admission that he violated conditions of his probation. We agree with defendant that the waiver of the right to appeal, although it encompassed the sentence of probation, does not encompass his challenge to the severity of the sentence imposed following his violations of probation (see People v. Williams, 140 A.D.3d 1749, 1750, 33 N.Y.S.3d 644, lv. denied 28 N.Y.3d 975, 43 N.Y.S.3d 262, 66 N.E.3d 8 ; People v. Johnson, 77 A.D.3d 1441, 1442, 907 N.Y.S.2d 899, lv. denied 15 N.Y.3d 953, 917 N.Y.S.2d 113, 942 N.E.2d 324 ). We nonetheless conclude that, in light of defendant's numerous admitted violations of probation, the maximum term of incarceration of 1 ? to 4 years imposed by County Court is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
CENTRA, J.P., PERADOTTO, DeJOSEPH, NEMOYER, and TROUTMAN, JJ., concur.