Opinion
88 SSM 27
11-18-2021
The People & c., Respondent, v. Eugene Mendoza, Appellant.
Submitted by David Fitzmaurice, for appellant. Submitted by William H. Branigan, for respondent.
Submitted by David Fitzmaurice, for appellant.
Submitted by William H. Branigan, for respondent.
On review of submissions pursuant to section 500.11 of the Rules, order reversed and case remitted to the Appellate Division, Second Department, for further proceedings. Under the totality of the circumstances and upon the People's concession, defendant's appeal waiver was invalid and therefore did not foreclose consideration of his harsh and excessive sentence claim (see People v Bisono, 36 N.Y.3d 1013, 1017-1018 [2020]).
Chief Judge DiFiore and Judges Rivera, Fahey, Garcia, Wilson, Singas and Cannataro concur. 1