Opinion
02-10-2017
The PEOPLE of the State of New York, Respondent, v. Kenneth A. MARKLE, Defendant–Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Sherry A. Chase of Counsel), for defendant-appellant. Michael J. Flaherty, Jr., Acting District Attorney, Buffalo (Ashley R. Lowry of Counsel), for respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Sherry A. Chase of Counsel), for defendant-appellant.
Michael J. Flaherty, Jr., Acting District Attorney, Buffalo (Ashley R. Lowry of Counsel), for respondent.
MEMORANDUM:
On appeal from a judgment convicting him upon his plea of guilty of assault in the second degree (Penal Law § 120.05[2] ), defendant contends that the waiver of the right to appeal is not valid and challenges the severity of the sentence. Although we agree with defendant that the waiver of the right to appeal is invalid inasmuch as he pleaded guilty as charged in the superior court information without a sentencing commitment (see People v. Collins, 129 A.D.3d 1676, 1676, 12 N.Y.S.3d 477, lv. denied 26 N.Y.3d 1038, 22 N.Y.S.3d 168, 43 N.E.3d 378 ), 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., CARNI, LINDLEY, CURRAN, and SCUDDER, JJ., concur.