Opinion
03-25-2016
The PEOPLE of the State of New York, Respondent, v. Delonce BRAILSFORD, Defendant–Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (Ashley R. Lowry of Counsel), for Respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of Counsel), for Defendant–Appellant.
Frank A. Sedita, III, District Attorney, Buffalo (Ashley R. Lowry of Counsel), for Respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of attempted strangulation in the second degree (Penal Law §§ 110.00, 121.12 ) and criminal possession of a weapon in the fourth degree (§ 265.01 [2] ). Although we agree with defendant that the waiver of the right to appeal does not encompass his challenge to the severity of the sentence (see People v. Peterson, 111 A.D.3d 1412, 1412, 974 N.Y.S.2d 864 ), we nevertheless conclude that the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.PERADOTTO, J.P., LINDLEY, DeJOSEPH, CURRAN, and SCUDDER, JJ., concur.