THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. PHILLIP FRAISAR ALSO KNOWN AS PHILLIP FRAISAR ALSO KNOWN AS PHILLIP FRAISAR DEFENDANT APPELLANT (2017)

Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT v. PHILLIP M. FRAISAR, ALSO KNOWN AS PHILLIP M.A. FRAISAR, ALSO KNOWN AS PHILLIP FRAISAR, DEFENDANT–APPELLANT.

KA 15–01682

Decided: June 09, 2017

PRESENT: WHALEN, P.J., SMITH, CARNI, CURRAN, AND SCUDDER, JJ.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (TIMOTHY P. MURPHY OF COUNSEL), FOR DEFENDANT–APPELLANT. LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (SHIRLEY A. GORMAN 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 attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03[3] ), defendant contends that his waiver of the right to appeal was not knowingly, intelligently, and voluntarily entered. We reject that contention (see generally People v. Lopez, 6 NY3d 248, 256). Defendant's valid waiver of his right to appeal, however, does not preclude him from challenging the severity of his sentence, inasmuch as “the record establishes that defendant waived his right to appeal before County Court advised him of the potential periods of imprisonment that could be imposed” (People v. Mingo, 38 AD3d 1270, 1271). Nevertheless, we conclude that the sentence is not unduly harsh or severe.

Frances E. Cafarell

Clerk of the Court

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