PEOPLE v. SARVER

581 KA 16-01896.

207 A.D.3d 1249 (2022)

169 N.Y.S.3d 863

2022 NY Slip Op 04515

The People of the State of New York, Respondent, v. Michael E. Sarver, Appellant.

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

Decided July 8, 2022.


Attorney(s) appearing for the Case

JILL L. PAPERNO , ACTING PUBLIC DEFENDER, ROCHESTER ( TIMOTHY S. DAVIS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( SCOTT MYLES OF COUNSEL), FOR RESPONDENT.

Present— Smith, J.P., Lindley, NeMoyer, Winslow 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, inter alia, vehicular assault in the first degree (Penal Law § 120.04[2][b]), defendant contends that his waiver of the right to appeal is invalid and that his sentence is unduly harsh and severe. As the People correctly concede, County Court provided defendant with erroneous information about the scope...

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