PEOPLE v. ZABKO

433 KA 19-00654.

206 A.D.3d 1642 (2022)

167 N.Y.S.3d 874

2022 NY Slip Op 03634

The People of the State of New York, Respondent, v. Stephen A. Zabko, Appellant.

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

Decided June 3, 2022.


Attorney(s) appearing for the Case

CARA A. WALDMAN , FAIRPORT, FOR DEFENDANT-APPELLANT.

JAMES B. RITTS , DISTRICT ATTORNEY, CANANDAIGUA ( V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, Peradotto, Curran and Bannister, 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 burglary in the third degree (Penal Law § 140.20), defendant contends that his waiver of the right to appeal is invalid and that his sentence is unduly harsh and severe.

Initially, contrary to defendant's contention, the record establishes that, before defendant pleaded guilty, County Court mentioned...

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