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The People of the State of New York v. Donald J. Richardson

June 29, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
DONALD J. RICHARDSON,
DEFENDANT-APPELLANT.



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 [6]), 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

20120629

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