Opinion
01-02-2015
The PEOPLE of the State of New York, Respondent, v. Edmund M. SERWINOWSKI, Defendant–Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Megan E. Moran of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of Counsel), for Respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Megan E. Moran of Counsel), for Defendant–Appellant.
Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of Counsel), for Respondent.
PRESENT: CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, and WHALEN, JJ.
Opinion
MEMORANDUM:On appeal from a judgment convicting him upon his plea of guilty of manslaughter in the first degree (Penal Law § 125.20[1] ), defendant contends that the waiver of the right to appeal is not valid and challenges the severity of the sentence. We agree with defendant that his waiver of the right to appeal does not encompass his challenge to the severity of the sentence because “no 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 any issue concerning the severity of the sentence’ ” (People v. Lorenz, 119 A.D.3d 1450, 1450, 988 N.Y.S.2d 904, lv. denied 24 N.Y.3d 962, 996 N.Y.S.2d 222, 20 N.E.3d 1002, quoting People v. Pimentel, 108 A.D.3d 861, 862, 969 N.Y.S.2d 574, lv. denied 21 N.Y.3d 1076, 974 N.Y.S.2d 325, 997 N.E.2d 150 ). Nevertheless, we conclude that the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.