Opinion
No. 88 SSM 27
11-18-2021
The PEOPLE of the State of New York, Respondent, v. Eugene MENDOZA, Appellant.
Patricia Pazner, Appellate Advocates, New York City (David Fitzmaurice of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens (William H. Branigan of counsel), for respondent.
Patricia Pazner, Appellate Advocates, New York City (David Fitzmaurice of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens (William H. Branigan of counsel), for respondent.
OPINION OF THE COURT On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11 ), 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, 140 N.Y.S.3d 433, 164 N.E.3d 239 [2020] ).
Chief Judge DiFiore and Judges Rivera, Fahey, Garcia, Wilson, Singas and Cannataro concur.