THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. MICHAEL PUTMAN DEFENDANT APPELLANT (2018)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MICHAEL PUTMAN, DEFENDANT–APPELLANT.

KA 16–00655

Decided: July 06, 2018

PRESENT: PERADOTTO, J.P., LINDLEY, NEMOYER, CURRAN, AND TROUTMAN, JJ.

JOHN J. RASPANTE, UTICA, FOR DEFENDANT–APPELLANT. SCOTT D. MCNAMARA, DISTRICT ATTORNEY, UTICA (STEVEN G. COX 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 burglary in the second degree (Penal Law

§ 140.25 [2] ) and petit larceny (§ 155.25). Defendant does not challenge the validity of his waiver of the right to appeal, and his valid waiver encompasses his contention that the sentence is unduly harsh and severe (see People v. Bryant, 28 NY3d 1094, 1096 [2016]; People v. Lopez, 6 NY3d 248, 255–256 [2006] ).

Mark W. Bennett

Clerk of the Court

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