Opinion
98 KA 17–00365
02-01-2019
The PEOPLE of the State of New York, Respondent, v. Robert J. SAMPSON, Jr., Defendant–Appellant.
D.J. & J.A. CIRANDO, PLLC, SYRACUSE (BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT–APPELLANT. KRISTYNA S. MILLS, DISTRICT ATTORNEY, WATERTOWN (HARMONY A. HEALY OF COUNSEL), FOR RESPONDENT.
D.J. & J.A. CIRANDO, PLLC, SYRACUSE (BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT–APPELLANT.
KRISTYNA S. MILLS, DISTRICT ATTORNEY, WATERTOWN (HARMONY A. HEALY OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., PERADOTTO, DEJOSEPH, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDERIt 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 third degree ( Penal Law § 140.20 ). Defendant's contention that there were defects in County Court's arraignment procedure was forfeited by his guilty plea (see People v. Judd, 111 A.D.3d 1421, 1422, 975 N.Y.S.2d 312 [4th Dept. 2013], lv denied 23 N.Y.3d 1039, 993 N.Y.S.2d 253, 17 N.E.3d 508 [2014] ; see generally People v. Konieczny, 2 N.Y.3d 569, 574–575, 780 N.Y.S.2d 546, 813 N.E.2d 626 [2004] ). We agree with defendant that his waiver of the right to appeal is invalid, for reasons stated in defendant's prior appeal from a separate conviction that involved the same appeal waiver ( People v. Sampson, 149 A.D.3d 1486, 1486–1487, 52 N.Y.S.3d 767 [4th Dept. 2017] ). We nevertheless conclude that the sentence is not unduly harsh or severe.