Opinion
470 KA 19-01635
05-07-2021
The PEOPLE of the State of New York, Respondent, v. Kadesha MAYE, Defendant-Appellant.
KATHLEEN E. CASEY, BARKER, FOR DEFENDANT-APPELLANT. CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (LAURA T. JORDAN OF COUNSEL), FOR RESPONDENT.
KATHLEEN E. CASEY, BARKER, FOR DEFENDANT-APPELLANT.
CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (LAURA T. JORDAN OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, LINDLEY, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting her, upon her plea of guilty, of assault in the second degree ( Penal Law § 120.05 [2] ). We note at the outset that defendant's "release to parole supervision does not render [her] challenge to the severity of [her] sentence moot inasmuch as [she] remains under the control of the Parole Board until [her] sentence has terminated" ( People v. Paul , 139 A.D.3d 1383, 1384, 29 N.Y.S.3d 840 [4th Dept. 2016], lv denied 28 N.Y.3d 973, 43 N.Y.S.3d 260, 66 N.E.3d 6 [2016] ). Nonetheless, even assuming, arguendo, that defendant's waiver of the right to appeal is invalid (see People v. Thomas , 34 N.Y.3d 545, 564-566, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied ––– U.S. ––––, 140 S. Ct. 2634, 206 L.Ed.2d 512 [2020] ; People v. Johnson , 191 A.D.3d 1379, 1379, 137 N.Y.S.3d 787 [4th Dept. 2021] ) and thus does not preclude our review of her challenge to the severity of her sentence (see People v. Alls , 187 A.D.3d 1515, 1515, 129 N.Y.S.3d 881 [4th Dept. 2020] ), we conclude that the sentence is not unduly harsh or severe.