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,
DONALD J. RICHARDSON,
Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered April 27, 2010.
People v Richardson
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: SCUDDER, P.J., SMITH, CENTRA, SCONIERS, AND MARTOCHE, JJ.
The judgment convicted defendant, upon his plea of guilty, of assault in the second degree.
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 assault in the second degree (Penal Law § 120.05 ), defendant's sole challenge is to the severity of the sentence. Defendant's unrestricted waiver of the right to appeal encompasses that challenge (see People v Lopez, 6 NY3d 248, 255; People v Hidalgo, 91 NY2d 733, 737).
Entered: June 29, 2012
Frances E. Cafarell Clerk of the Court
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