Opinion
No. 157 KA 19-00782
06-09-2023
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. COLLICE PARSON, ALSO KNOWN AS C, DEFENDANT-APPELLANT.
ERIK TEIFKE, PUBLIC DEFENDER, ROCHESTER (JONATHAN GARVIN OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (SCOTT MYLES OF COUNSEL), FOR RESPONDENT.
ERIK TEIFKE, PUBLIC DEFENDER, ROCHESTER (JONATHAN GARVIN OF COUNSEL), FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (SCOTT MYLES OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, BANNISTER, AND OGDEN, JJ.
Appeal from a judgment of the Supreme Court, Monroe County (Charles A. Schiano, Jr., J.), rendered February 25, 2019. The judgment convicted defendant upon his plea of guilty of criminal possession of a weapon in the second degree and criminal sale of a controlled substance in the third degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]) and criminal sale of a controlled substance in the third degree (§ 220.39 [1]). As defendant contends and the People correctly concede, defendant's waiver of the right to appeal was inadequate under People v Thomas (34 N.Y.3d 545 [2019], cert denied - U.S. -, 140 S.Ct. 2634 [2020]) and, therefore, it "does not preclude our review of [his] challenge to the severity of [his] sentence" (People v Baker, 158 A.D.3d 1296, 1296 [4th Dept 2018], lv denied 31 N.Y.3d 1011 [2018]). We conclude that his sentence is not unduly harsh or severe.