THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. RYAN LITTLER DEFENDANT APPELLANT (2026)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RYAN L. LITTLER, DEFENDANT-APPELLANT.

597 Decided: October 02, 2026

PRESENT: BANNISTER, J.P., MONTOUR, GREENWOOD, NOWAK, AND HANNAH, JJ.

KEEM APPEALS, PLLC, SYRACUSE (BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT. ANTHONY J. DIMARTINO, JR., DISTRICT ATTORNEY, OSWEGO (AMY L. HALLENBECK 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 assault in the second degree (Penal Law § 120.05 [7]). Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid and therefore does not preclude our review of his challenge to the severity of the sentence (see People v Harrison, 242 AD3d 1540, 1541 [4th Dept 2025]; People v Swiderski, 217 AD3d 1416, 1417 [4th Dept 2023]), we conclude that the sentence is not unduly harsh or severe. Defendant failed to preserve his challenge to the restitution amount for our review inasmuch as he did not object to that amount at sentencing or request a hearing with respect thereto (see People v Briglin, 125 AD3d 1518, 1519 [4th Dept 2015], lv denied 26 NY3d 926 [2015]; People v Jorge N.T., 70 AD3d 1456, 1457 [4th Dept 2010], lv denied 14 NY3d 889 [2010]; People v Hannig, 68 AD3d 1779, 1780 [4th Dept 2009], lv denied 14 NY3d 801 [2010]).

Entered: October 2, 2026

Ann Dillon Flynn

Clerk of the Court

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