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148 A.D.3d 1651

People v. Record

Appellate Division of the Supreme Court of the State of New York · decided 2017-03-24

Applies NY PEN § 140.25

Decided 2017-03-24

¶1Appeal from a judgment of the Ontario County Court (Frederick G. Reed, A.J.), rendered February 7, 2014. The judgment convicted defendant, upon her plea of guilty, of burglary in the second degree and petit larceny.

¶2It is hereby ordered that the judgment so appealed from is unanimously affirmed.

¶3Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of burglary in the second degree (Penal Law § 140.25 [2]) and petit larceny (§ 155.25). The record establishes that County Court advised defendant of the maximum sentence that could be imposed upon a violation of the conditions of the guilty plea, and thus defendant’s waiver of the right to appeal encompasses her contention that the enhanced sentence is unduly harsh and severe (see People v VanDeViver, 56 AD3d 1118, 1119 [2008], lv denied 11 NY3d 931 [2009], denied reconsideration 12 NY3d 788 [2009]).

Present— Whalen, P.J., Smith, Centra, Curran and Scudder, JJ.
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