People v Green, 2024 NY Slip Op 02390 [227 AD3d 1372]

May 3, 2024

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

Daryl Green, Jr., Appellant.

Julie Cianca, Public Defender, Rochester (Shirley A. Gorman of counsel), for defendant-appellant.

Sandra Doorley, District Attorney, Rochester (Scott Myles of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Monroe County (Thomas E. Moran, J.), rendered August 4, 2020. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.

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 criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]). We agree with defendant, and the People correctly concede, that his waiver of the right to appeal is invalid ( see People v Thomas , 34 NY3d 545 , 564-566 [2019], cert denied 589 US —, 140 S Ct 2634 [2020]). We are therefore not precluded from reviewing defendant’s challenge to the severity of his sentence. Nevertheless, we reject defendant’s contention that the sentence is unduly harsh and severe. Present—Whalen, P.J., Lindley, Ogden, Nowak and DelConte, JJ..