Opinion
1130 KA 19–00088
12-23-2020
The PEOPLE of the State of New York, Respondent, v. Antoine DAVIS, Defendant-Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., PERADOTTO, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of resisting arrest ( Penal Law § 205.30 ) and criminal contempt in the second degree (§ 215.50 [3] ). Even assuming, arguendo, that defendant did not validly waive his right to appeal, we nevertheless conclude that the sentence is not unduly harsh or severe "to the extent that [he] remains subject to [it]" ( People v. Adair , 177 A.D.3d 1357, 1358, 114 N.Y.S.3d 543 [4th Dept. 2019], lv denied 34 N.Y.3d 1125, 118 N.Y.S.3d 503, 141 N.E.3d 459 [2020] ).