Opinion
No. 403 KA 21-01028
06-14-2024
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ZAKKEE NAFI, DEFENDANT-APPELLANT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (NICHOLAS P. DIFONZO OF COUNSEL), FOR DEFENDANT-APPELLANT. MICHAEL J. KEANE, ACTING DISTRICT ATTORNEY, BUFFALO (HARMONY A. HEALY OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (NICHOLAS P. DIFONZO OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL J. KEANE, ACTING DISTRICT ATTORNEY, BUFFALO (HARMONY A. HEALY OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CURRAN, MONTOUR, NOWAK, AND DELCONTE, JJ.
Appeal from a judgment of the Supreme Court, Erie County (Paul Wojtaszek, J.), rendered July 12, 2021. The judgment convicted defendant, upon a guilty plea, 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 guilty plea, of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid (see People v Vilella, 213 A.D.3d 1282, 1283 [4th Dept 2023], lv denied 39 N.Y.3d 1157 [2023]; People v Hemphill, 192 A.D.3d 1479, 1480 [4th Dept 2021]; see generally People v Thomas, 34 N.Y.3d 545, 564-566 [2019], cert denied __ U.S. __, 140 S.Ct. 2634 [2020]) and thus does not preclude our review of his challenge to his sentence, we conclude that the sentence is not unduly harsh or severe.