People v. Chavez — 130 A.D.3d 1487

Majority

p. 1487

The People of the State of New York, Respondent, v Jairo S. Chavez, Appellant.

[11 NYS3d 494]

Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered March 10, 2014. The judgment convicted defendant, upon a jury verdict, of rape in the third degree (two counts).

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of two counts of rape in the third degree (Penal Law § 130.25 [2]). Although defendant did not waive the right to appeal and thus his challenge to the severity of the sentence is properly before us (see generally People v Lopez, 6 NY3d 248 , 255 [2006]; People v Hidalgo, 91 NY2d 733 , 737 [1998]), we nevertheless conclude that the sentence is not unduly harsh or severe. Present — Scudder, P.J., Carni, Lindley, Valentino and Whalen, JJ.

Cases cited

People v. Lopez 6 NY3d 248 N.Y. 2006-02-16 at 255 p. 1487
People v. Hidalgo 91 NY2d 733 N.Y. 1998-06-04 at 737 p. 1487