People v Cribb

People v Cribb 2020 NY Slip Op 01801 Decided on March 13, 2020 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 13, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CARNI, NEMOYER, CURRAN, AND BANNISTER, JJ.
339 KA 18-02379

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

GERARD D. CRIBB, ALSO KNOWN AS JERRY HARGRAVE/GERALD CRIBB, DEFENDANT-APPELLANT.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Supreme Court, Monroe County (Thomas E. Moran, J.), rendered March 16, 2015. The judgment convicted defendant, upon a plea of guilty, of criminal possession of a weapon in the second 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 criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). We affirm. Even assuming, arguendo, that defendant's waiver of the right to appeal does not encompass his challenge to the severity of the period of postrelease supervision imposed by Supreme Court, we nevertheless conclude that such aspect of his sentence is not unduly harsh or severe.

Entered: March 13, 2020

Mark W. Bennett

Clerk of the Court