THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. ANDREW WILSON DEFENDANT APPELLANT (2024)

Supreme Court, Appellate Term, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANDREW M. WILSON, DEFENDANT-APPELLANT.

624 Decided: November 15, 2024

PRESENT: WHALEN, P.J., CURRAN, GREENWOOD, NOWAK, AND KEANE, JJ.

THOMAS L. PELYCH, HORNELL, FOR DEFENDANT-APPELLANT. BRITTANY GROME ANTONACCI, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA 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 him upon his plea of guilty of aggravated family offense (Penal Law § 240.75), defendant contends that County Court erred in imposing an enhanced sentence based upon defendant's postplea conduct. Because defendant did not object to the enhanced sentence or move to withdraw his guilty plea or to vacate the judgment of conviction, he failed to preserve that contention for our review (see People v Roberto, 224 AD3d 1367, 1368 [4th Dept 2024]; People v Bishop, 198 AD3d 1381, 1382 [4th Dept 2021], lv denied 37 NY3d 1095 [2021]). We reject defendant's contention that the enhanced sentence is unduly harsh and severe.

Entered: November 15, 2024

Ann Dillon Flynn

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law