Opinion
06-30-2017
The PEOPLE of the State of New York, Respondent, v. Alexander WEAKFALL, Defendant–Appellant.
The Glennon Law Firm, P.C., Rochester (Peter J. Glennon of Counsel), for defendant-appellant. Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of Counsel), for respondent.
The Glennon Law Firm, P.C., Rochester (Peter J. Glennon of Counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of criminal mischief in the second degree (Penal Law § 145.10 ). Defendant forfeited his challenge to the legal sufficiency of the evidence by pleading guilty (see People v. Feidner, 109 A.D.3d 1086, 1086, 971 N.Y.S.2d 608 ). Indeed, "it would be logically inconsistent to permit a defendant to enter a plea of guilty based on particular admitted facts, yet to allow that defendant contemporaneously to reserve the right to challenge on appeal the sufficiency of those facts to support a conviction, had there been a trial" (People v. Plunkett, 19 N.Y.3d 400, 405–406, 948 N.Y.S.2d 233, 971 N.E.2d 363 ). Furthermore, the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.PERADOTTO, J.P., CARNI, LINDLEY, CURRAN, and TROUTMAN, JJ., concur.