Opinion
No. 111727
06-23-2022
The People of the State of New York, Respondent, v. Michael Worley, Appellant.
Shane A. Zoni, Public Defender, Hudson (Jessica Howser of counsel), for appellant. Paul Czajka, District Attorney, Hudson (James A. Carlucci of counsel), for respondent.
Calendar Date: May 20, 2022
Shane A. Zoni, Public Defender, Hudson (Jessica Howser of counsel), for appellant.
Paul Czajka, District Attorney, Hudson (James A. Carlucci of counsel), for respondent.
Before: Lynch, J.P., Aarons, Pritzker, Fisher and McShan, JJ.
Appeal from a judgment of the County Court of Columbia County (Nichols, J.), rendered April 25, 2019, convicting defendant upon his plea of guilty of the crimes of assault in the second degree, obstructing governmental administration in the second degree (two counts), criminal impersonation in the second degree and criminal mischief in the fourth degree.
Following a traffic stop, defendant bit a state trooper on the leg, as a result of which defendant was indicted and charged with assault in the second degree, obstructing governmental administration in the second degree (two counts), criminal impersonation in the second degree and criminal mischief in the fourth degree. Defendant thereafter pleaded guilty to the entire indictment with the understanding that he would be sentenced to a prison term of 5½ years plus five years of postrelease supervision upon his conviction of assault in the second degree and to lesser, concurrent periods of incarceration upon the misdemeanor convictions. The plea agreement also required defendant to waive his right to appeal. County Court thereafter imposed the contemplated sentence, and this appeal ensued.
We agree with defendant that his waiver of the right to appeal is invalid (see People v Davis, 204 A.D.3d 1072, 1073-1074 [2022], lv denied ___ N.Y.3d ___ [May 31, 2022]) and, therefore, his challenge to the perceived severity of his sentence is not precluded (see People v Moore, 203 A.D.3d 1401, 1401 [2022], lv denied ___ N.Y.3d ___ [May 16, 2022]). That said, we do not find that the sentence imposed by County Court was unduly harsh or severe (see CPL 470.15 [6] [b]). As a second violent felony offender convicted of a class D felony (see Penal Law § 120.05 [3]), defendant was subject to a determinate term of imprisonment ranging from five to seven years (see Penal Law § 70.04 [3] [c]). Defendant received the agreed-upon prison term of 5½ years - only six months more than the minimum period of imprisonment that could have been imposed - and the record does not otherwise persuade us that corrective action in the interest of justice is warranted. Accordingly, the judgment of conviction is affirmed.
Lynch, J.P., Aarons, Pritzker, Fisher and McShan, JJ., concur.
ORDERED that the judgment is affirmed.