Opinion
04-28-2017
The PEOPLE of the State of New York, Respondent, v. Anthony N. MORGAN, Defendant–Appellant.
Timothy P. Donaher, Public Defender, Rochester (James A. Hobbs of Counsel), for defendant-appellant. Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for respondent.
Timothy P. Donaher, Public Defender, Rochester (James A. Hobbs of Counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of manslaughter in the first degree (Penal Law § 125.20[1] ). We agree with defendant that his waiver of the right to appeal does not encompass his challenge to the severity of the sentence. " ‘[N]o mention was made on the record during the course of the allocution concerning the waiver of defendant's right to appeal his conviction that he was also waiving his right to appeal the harshness of his sentence’ " (People v. Grucza, 145 A.D.3d 1505, 1506, 45 N.Y.S.3d 722 ). We nevertheless reject defendant's contention that the bargained-for sentence is unduly harsh and severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
WHALEN, P.J., LINDLEY, DeJOSEPH, NEMOYER, and CURRAN, JJ., concur.