People v Campbell, 2024 NY Slip Op 04028 [229 AD3d 1372]

July 26, 2024

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

Brandon Campbell, Appellant.

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Erin A. Tresmond of counsel), for defendant-appellant.

Michael J. Keane, Acting District Attorney, Buffalo (Paul J. Williams, III, of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Erie County (M. William Boller, A.J.), rendered June 8, 2021. The judgment convicted defendant, upon a plea of guilty, of attempted robbery in the first degree (two counts).

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 two counts of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [4]), 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 AD3d 1193 , 1193 [4th Dept 2020]), we conclude that the sentence is not unduly harsh or severe. Present—Smith, J.P., Bannister, Montour, Nowak and DelConte, JJ..