General
The People of the State of New York, Respondent, v. Robert F. Herman, Appellant
151 A.D.3d 186654 N.Y.S.3d 352·New York Supreme Court, Appellate Division·2017·NY
Present — Smith, J.P., Centra, Peradotto, Lindley and NeMoyer, JJ.
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Opinion
The People of the State of New York, Respondent, v Robert F. Herman, Appellant.
[54 NYS3d 352]
[MAJORITY]
Appeal from a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered December 3, 2014. The judgment convicted defendant, upon his plea of guilty, of failure to register as a sex offender.
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 failure to register as a sex offender (Correction Law §§ 168-f [4]; 168-t). Even assuming, arguendo, that defendant’s waiver of the right to appeal is invalid and thus does not preclude our review of his challenge to the severity of his sentence (see People v Davis, 114 AD3d 1166, 1167 [2014], lv denied 23 NY3d 1035 [2014]), we conclude that the sentence is not unduly harsh or severe.
Present — Smith, J.P., Centra, Peradotto, Lindley and NeMoyer, JJ.