PEOPLE v. HOFFMAN

140 KA 18-01133.

191 A.D.3d 1262 (2021)

137 N.Y.S.3d 784

2021 NY Slip Op 00689

The People of the State of New York, Respondent, v. Paul R. Hoffman, Jr., Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided February 5, 2021.


Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( JANE I. YOON OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN , DISTRICT ATTORNEY, BATAVIA ( ROBERT J. SHOEMAKER OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Lindley, Curran, Bannister and DeJoseph, JJ.


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[2]), defendant contends that his waiver of the right to appeal is invalid and that his sentence is unduly harsh and severe. Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid and therefore does not preclude our review of...

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