People v. Servey
Opinion of the Court
Appeal from a judgment of the Chautauqua County Court (John T. Ward, J.), rendered August 5, 2010. The judgment convicted defendant, upon his plea of guilty, of burglary in the third degree.
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 third degree (Penal Law § 140.20). Defendant contends that County Court erred in sentencing him without first receiving and considering a presentence report pursuant to CPL 390.20 (1). Although defendant failed to preserve that contention for our review (see CPL
Contrary to defendant’s further contention, the sentence is not unduly harsh or severe. Present — Scudder, P.J., Smith, Carni, Lindley and Martoche, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.