Opinion
946.1 KA 19-00817
12-22-2023
The PEOPLE of the State of New York, Respondent, v. Darnell WALLACE, Defendant-Appellant.
JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (SHIRLEY A. GORMAN OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (KAYLAN C. PORTER OF COUNSEL), FOR RESPONDENT.
JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (SHIRLEY A. GORMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (KAYLAN C. PORTER OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., LINDLEY, MONTOUR, OGDEN, AND GREENWOOD, JJ.
MEMORANDUM AND ORDER
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 one count of manslaughter in the second degree ( Penal Law § 125.15 [1] ) and six counts of criminal sale of a controlled substance in the third degree (§ 220.39 [1]). We previously held this case, reserved decision, and remitted the matter to Supreme Court for a ruling on defendant's motion to redact certain statements he made from the preplea investigation report, on which the court had reserved decision but failed to rule ( People v. Wallace , 214 A.D.3d 1448, 186 N.Y.S.3d 485 [4th Dept. 2023] ). On remittal, the court granted the motion.
Contrary to defendant's contention, the sentence is not unduly harsh or severe.