THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. RICCARDO GIULIANO ALSO KNOWN AS GUILIANO DEFENDANT APPELLANT (2017)

Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RICCARDO GIULIANO, ALSO KNOWN AS GUILIANO, DEFENDANT–APPELLANT.

KA 15–00007

Decided: June 30, 2017

PRESENT: CENTRA, J.P., PERADOTTO, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANE I. YOON OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: Defendant appeals from a judgment revoking the sentence of probation previously imposed upon his conviction of failure to register and/or verify as a sex offender as a class E felony (Correction Law §§ 168–f [4]; 168–t) and sentencing him to a term of incarceration based on his admission that he violated conditions of his probation. We agree with defendant that the waiver of the right to appeal, although it encompassed the sentence of probation, does not encompass his challenge to the severity of the sentence imposed following his violations of probation (see People v. Williams, 140 AD3d 1749, 1750, lv denied 28 NY3d 975; People v. Johnson, 77 AD3d 1441, 1442, lv denied 15 NY3d 953). We nonetheless conclude that, in light of defendant's numerous admitted violations of probation, the maximum term of incarceration of 11/313 to 4 years imposed by County Court is not unduly harsh or severe.

Frances E. Cafarell

Clerk of the Court

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