PEOPLE v. BARTHEL

498 KA 18-00163.

197 A.D.3d 932 (2021)

150 N.Y.S.3d 635

2021 NY Slip Op 04835

The People of the State of New York, Respondent, v. Joseph T. Barthel, Appellant. (Appeal No. 2.).

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

BRIDGET L. FIELD , ROCHESTER, FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( DANIEL GROSS OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Centra, NeMoyer, Troutman and Winslow, JJ.


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 burglary in the second degree (Penal Law § 140.25[2]). We affirm. The sentence is not unduly harsh or severe. Defendant's challenge to the purported restitution order is unpreserved for appellate review, and we decline to exercise our power to review it as a matter of discretion in the interest...

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