THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. STEPHANY RUCKDESCHEL ALSO KNOWN AS JANE DOE DEFENDANT APPELLANT (2022)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. STEPHANY RUCKDESCHEL, ALSO KNOWN AS JANE DOE, DEFENDANT-APPELLANT.

618 Decided: September 30, 2022

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

JILL L. PAPERNO, ACTING PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (KAYLAN C. PORTER 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 her upon her plea of guilty of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]), defendant contends that her waiver of the right to appeal is invalid and that her sentence is unduly harsh and severe. Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid and therefore does not preclude our review of her challenge to the severity of her sentence (see People v Campbell, 196 AD3d 1064, 1064-1065 [4th Dept 2021], lv denied 37 NY3d 1026 [2021]; People v Alls, 187 AD3d 1515, 1515 [4th Dept 2020]; see generally People v Thomas, 34 NY3d 545, 565 [2019], cert denied — US —, 140 S Ct 2634 [2020]), we nevertheless conclude that the sentence is not unduly harsh or severe.

Entered: September 30, 2022

Ann Dillon Flynn

Clerk of the Court

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