People v Harris, 2024 NY Slip Op 03953 [229 AD3d 1226]

July 26, 2024

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

Sheena Perry Harris, Appellant.

Julie Cianca, Public Defender, Rochester (Paul Skip Laisure of counsel), for defendant-appellant.

Sandra Doorley, District Attorney, Rochester (Merideth H. Smith of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Monroe County (Vincent M. Dinolfo, J.), rendered April 26, 2021. The judgment convicted defendant, upon a guilty plea, of manslaughter in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting her, upon her 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 invalid and that her 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 her challenge to the severity of her sentence ( see People v Seay , 201 AD3d 1361 , 1361-1362 [4th Dept 2022]), we conclude that the sentence is not unduly harsh or severe. Present—Lindley, J.P., Curran, Ogden, Greenwood and Keane, JJ..