Opinion
133 KA 17-01697
03-11-2022
The PEOPLE of the State of New York, Respondent, v. Remy D. ALLEN, Defendant-Appellant.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (HELEN SYME OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LEAH R. MERVINE OF COUNSEL), FOR RESPONDENT.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (HELEN SYME OF COUNSEL), FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LEAH R. MERVINE OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, AND NEMOYER, JJ.
MEMORANDUM AND ORDER
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] ). Defendant does not raise any challenge to the validity of his waiver of the right to appeal (see People v. Seymore , 188 A.D.3d 1767, 1768, 135 N.Y.S.3d 745 [4th Dept. 2020], lv denied 36 N.Y.3d 1100, 144 N.Y.S.3d 126, 167 N.E.3d 1261 [2021] ; People v. Rosado-Thomas , 181 A.D.3d 1166, 1166, 118 N.Y.S.3d 492 [4th Dept. 2020], lv denied 35 N.Y.3d 1048, 127 N.Y.S.3d 840, 151 N.E.3d 521 [2020] ). Thus, defendant's challenge to the severity of the postrelease supervision component of his agreed-upon sentence "is foreclosed by his unchallenged waiver of the right to appeal" ( Rosado-Thomas , 181 A.D.3d at 1167, 118 N.Y.S.3d 492 ; see Seymore , 188 A.D.3d at 1770, 135 N.Y.S.3d 745 ).