Opinion
No. 535 KA 23-00824
07-26-2024
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JERRELL ROSS, DEFENDANT-APPELLANT.
DANIEL M. GRIEBEL, TONAWANDA, FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.
DANIEL M. GRIEBEL, TONAWANDA, FOR DEFENDANT-APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., BANNISTER, MONTOUR, NOWAK, AND DELCONTE, JJ.
Appeal from a judgment of the Erie County Court (Susan M. Eagan, J.), rendered March 8, 2023. The judgment convicted defendant upon his plea of guilty of arson in the third degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of arson in the third degree (Penal Law § 150.10 [1]), defendant contends that his waiver of the right to appeal is invalid and that his sentence is unduly harsh and severe. Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid and thus does not preclude our review of his challenge to the severity of his sentence (see People v Love, 181 A.D.3d 1193, 1193 [4th Dept 2020]), we conclude that the negotiated sentence is not unduly harsh or severe.