THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. TYE CERONE DEFENDANT APPELLANT (2024)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. TYE K. CERONE, DEFENDANT-APPELLANT.

538 Decided: July 26, 2024

PRESENT: LINDLEY, J.P., BANNISTER, OGDEN, GREENWOOD, AND KEANE, JJ.

CAITLIN M. CONNELLY, BUFFALO, FOR DEFENDANT-APPELLANT. GREGORY J. MCCAFFREY, DISTRICT ATTORNEY, GENESEO (JOSHUA J. TONRA OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of course of sexual conduct against a child in the first degree (Penal Law § 130.75), defendant contends that his negotiated sentence is unduly harsh and severe. Even assuming, arguendo, that defendant's waiver of the right to appeal does not encompass his challenge to the severity of the sentence, we perceive no basis in the record on which to modify the sentence as a matter of discretion in the interest of justice (see People v Stanley, 162 AD3d 1581, 1581-1582 [4th Dept 2018], lv denied 32 NY3d 1178 [2019]; People v Storms, 147 AD3d 1341, 1341 [4th Dept 2017]; see generally CPL 470.15 [6] [b]).

Entered: July 26, 2024

Ann Dillon Flynn

Clerk of the Court

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