Opinion
2021-06283
11-12-2021
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. TYRONE KING, DEFENDANT-APPELLANT.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (BENJAMIN L. NELSON OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LEAH R. MERVINE OF COUNSEL), FOR RESPONDENT.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (BENJAMIN L. NELSON OF COUNSEL), FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LEAH R. MERVINE OF COUNSEL), FOR RESPONDENT.
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, WINSLOW, AND BANNISTER, JJ.
Appeal from a judgment of the Supreme Court, Monroe County (Thomas E. Moran, J.), rendered January 9, 2017. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree (two counts), strangulation in the second degree and criminal possession of a weapon in the third degree (two counts).
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 two counts of criminal possession of a weapon in the second degree (Penal Law § 265.03 [1] [b]; [3]), one count of strangulation in the second degree (§ 121.12), and two counts of criminal possession of a weapon in the third degree (§ 265.02 [1], [3]). As defendant contends and the People correctly concede, defendant did not validly waive his right to appeal (see People v Bisono, 36 N.Y.3d 1013, 1017-1018 [2020]; People v Thomas, 34 N.Y.3d 545, 565-566 [2019], cert denied __ U.S. __, 140 S.Ct. 2634 [2020]; People v Johnson, 192 A.D.3d 1494, 1495 [4th Dept 2021], lv denied 37 N.Y.3d 965 [2021]). Although we are thus not precluded from reviewing defendant's challenge to the severity of his sentence (see Johnson, 192 A.D.3d at 1495), we nevertheless conclude that the sentence is not unduly harsh or severe.