Opinion
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.
Appeal from a judgment of the Erie County Court (Susan M. Eagan, J.), ren- dered March 8, 2023. The judgment convicted defendant upon his plea of guilty of arson in the third degree.
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.
MEMORANDUM AND ORDER
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, 118 N.Y.S.3d 475 [4th Dept. 2020]), we conclude that the negotiated sentence is not unduly harsh or severe.