Opinion
05-10-2024
The PEOPLE of the State of New York, Respondent, v. Lisa DUMAS, Defendant-Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (PAUL J. WILLIAMS, III, OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Erie County Court (Susan M. Eagan, J.), rendered March 17, 2021. The judgment revoked defendant’s sentence of probation and imposed a sentence of imprisonment.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (PAUL J. WILLIAMS, III, OF COUNSEL), FOR RESPONDENT.
PRESENT: LINDLEY, J.P., CURRAN, BANNISTER, GREENWOOD, AND NOWAK, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment revoking a term of probation imposed after her plea of guilty of attempted robbery in the third degree (Penal Law §§ 110.00, 160.05). County Court sentenced defendant to an indeterminate term of imprisonment that is concurrent to a longer sentence imposed on defendant for an unrelated conviction. Even assuming, arguendo, that defendant’s waiver of the right to appeal is invalid, as the People concede, and therefore does not preclude our review of her challenge to the severity of the sentence (see People v. Littles, 221 A.D.3d 1592, 1592, 198 N.Y.S.3d 476 [4th Dept. 2023], lv denied 40 N.Y.3d 1093, 204 N.Y.S.3d 803, 228 N.E.3d 616 [2024]; People v. Albanese, 218 A.D.3d 1366, 1366-1367, 192 N.Y.S.3d 411 [4th Dept. 2023], lv denied 40 N.Y.3d 995, 197 N.Y.S.3d 102, 219 N.E.3d 863 [2023]), we conclude that the sentence is not unduly harsh or severe.