Moreover, given that the codefendant was the person "who violently punched the victim" and received a five-year sentence upon his guilty plea, defendant's eight-year sentence "appears to be an unnecessarily harsh response to defendant's exercise of his right to go to trial" (id. ).A Judge of this Court granted the People leave to appeal (seePeople v. Allende, 33 N.Y.3d 974, 101 N.Y.S.3d 227, 124 N.E.3d 716 [2019] ). Thereafter, by Clerk's letter the Court requested that the parties comment in letter format "justifying the retention of subject matter jurisdiction."