THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. DANIEL FISHER DEFENDANT APPELLANT (2018)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DANIEL FISHER, DEFENDANT–APPELLANT.

KA 16–01601

Decided: March 16, 2018

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, CURRAN, AND WINSLOW, JJ.

JAMES S. KERNAN, PUBLIC DEFENDER, LYONS (CARA A. WALDMAN OF COUNSEL), FOR DEFENDANT–APPELLANT. CHRISTOPHER BOKELMAN, ACTING DISTRICT ATTORNEY, LYONS (BRUCE A. ROSEKRANS 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 convicting him upon his plea of guilty of, inter alia, burglary in the second degree (Penal Law § 140.25 [2] ) and two counts of attempted burglary in the second degree (§§ 110.00, 140.25[2] ). Defendant's contention that County Court erred in denying his request to appoint a special prosecutor was forfeited by defendant's guilty plea (see People v. McGuay, 120 AD3d 1566, 1567 [4th Dept 2014], lv. denied 25 NY3d 1167 [2015] ). We conclude that the sentence is not unduly harsh or severe.

Mark W. Bennett

Clerk of the Court

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