Opinion
03-22-2024
The PEOPLE of the State of New York, Respondent, v. Don Spencer WILLIAMS, Defendant-Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (LEAH N. FARWELL OF COUNSEL), FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MINDY F. VANLEUVAN OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Supreme Court, Erie County (Deborah A. Haendig- es, J.), rendered October 16, 2019. The judgment convicted defendant, upon a guilty plea, of aggravated family offense.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (LEAH N. FARWELL OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MINDY F. VANLEUVAN OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CURRAN, MONTOUR, AND DELCONTE, 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 aggravated family offense (Penal Law § 240.75 [1]). Even assuming, arguendo, that defendant’s waiver of the right to appeal is invalid and therefore does not preclude our review of his challenge to the severity of his sentence (see People v. Mowery, 213 A.D.3d 1300, 1300, 181 N.Y.S.3d 924 [4th Dept. 2023]; People v. Shaffer, 210 A.D.3d 1452, 1452-1453, 176 N.Y.S.3d 515 [4th Dept. 2022]; People v. Davis, 189 A.D.3d 2140, 2141, 134 N.Y.S.3d 899 [4th Dept. 2020]), we conclude that the sentence is not unduly harsh or severe.