SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
June 29, 2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
ISIAH FINCH, DEFENDANT-APPELLANT.
Appeal from a judgment of the Onondaga County Court (Jeffrey R. Merrill, A.J.), rendered January 27, 2009.
People v Finch
Decided on June 29, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, CARNI, AND SCONIERS, JJ.
The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.
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 criminal sale of a controlled substance in the third degree (Penal Law § 220.39 ). Although defendant did not waive the right to appeal and thus his challenge to the severity of the sentence is properly before us (see generally People v Lopez, 6 NY3d 248, 255; People v Hidalgo, 91 NY2d 733, 737), we nevertheless conclude that the sentence is not unduly harsh or severe. Entered: June 29, 2012 Frances E. Cafarell Clerk of the Court
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