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People v. Mowery

Supreme Court of New York, Fourth Department
Feb 10, 2023
2023 N.Y. Slip Op. 764 (N.Y. App. Div. 2023)

Opinion

No. 77 KA 19-02333

02-10-2023

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. WILLIAM MOWERY, DEFENDANT-APPELLANT.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JOHN J. MORRISSEY OF COUNSEL), FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. MATTLE OF COUNSEL), FOR RESPONDENT.


THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JOHN J. MORRISSEY OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. MATTLE OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., SMITH, CURRAN, BANNISTER, AND OGDEN, JJ.

Appeal from a judgment of the Supreme Court, Erie County (Deborah A. Haendiges, J.), rendered January 15, 2019. The judgment convicted defendant upon a plea of guilty of strangulation in the second degree.

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 strangulation in the second degree (Penal Law § 121.12), defendant contends that his waiver of the right to appeal is invalid and that his sentence is unduly harsh and severe. Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid and therefore does not preclude our review of his challenge to the severity of his sentence (see People v Seay, 201 A.D.3d 1361, 1361-1362 [4th Dept 2022]), we conclude that the sentence is not unduly harsh or severe.


Summaries of

People v. Mowery

Supreme Court of New York, Fourth Department
Feb 10, 2023
2023 N.Y. Slip Op. 764 (N.Y. App. Div. 2023)
Case details for

People v. Mowery

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. WILLIAM MOWERY…

Court:Supreme Court of New York, Fourth Department

Date published: Feb 10, 2023

Citations

2023 N.Y. Slip Op. 764 (N.Y. App. Div. 2023)