Disposition: Applications for Criminal Leave to appeal denied Decision Reported Below: 4th Dept: 213 A.D.3d 1268 (Monroe)
None of this is to say that the negotiated nature of a plea-bargained sentence is irrelevant. Rather, the fact that a defendant voluntarily agreed to a sentence can provide at least some support for a determination that the sentence is not "unduly harsh or severe under the circumstances" ( Delgado, 80 N.Y.2d at 783, 587 N.Y.S.2d 271, 599 N.E.2d 675 ), and thus the intermediate appellate court may properly consider the bargained-for nature of the sentence, among other appropriate considerations, in determining whether the sentence is unduly harsh or severe (see e.g.People v. Rice, 213 A.D.3d 1243, 182 N.Y.S.3d 453, 2023 N.Y. Slip Op. 00568, at *1 [4th Dept., 2023] ; People v. Scott, 213 A.D.3d 1268, 182 N.Y.S.3d 451, 2023 N.Y. Slip Op. 00589, at *1 [4th Dept., 2023] ; People v. Jeremiah, 186 A.D.3d 740, 741, 127 N.Y.S.3d 297 [2d Dept. 2020], lv denied 35 N.Y.3d 1113, 133 N.Y.S.3d 524, 158 N.E.3d 541 [2020] ). However, the mere fact that the sentencing court imposed the sentence that a defendant bargained for is not dispositive of that defendant's appellate challenge to the severity of the sentence.