THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. KEITH LYMAN ALSO KNOWN AS KEITH LYMAN ALSO KNOWN AS KEITH JOSEPH LYMAN DEFENDANT APPELLANT (2014)

MEMORANDUM AND ORDER

It 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 attempted assault on a peace officer (Penal Law §§ 110.00, 120.08).   We are unable to review defendant's contentions that his plea was not voluntary or that the sentence is unduly harsh and severe inasmuch as the stipulated record on appeal does not include the transcript of the plea proceeding, nor has defendant complied with this Court's request to provide the presentence report (see Matter of Planned Parenthood of Niagara County v Maerten, 6 AD3d 1162, 1163;  Matter of Santoshia L., 202 A.D.2d 1027, 1028;  cf.  People v. Douglas, 288 A.D.2d 859, 859, lv denied 97 N.Y.2d 681;  see generally People v. Kinchen, 60 N.Y.2d 772, 774).

Frances E. Cafarell

Clerk of the Court