People v Mendoza, 37 NY3d 1075 (2021)

2021 NY Slip Op 06429 [37 NY3d 1075]
November 18, 2021
Court of Appeals

[*1]

The People of the State of New York, Respondent,
v
Eugene Mendoza, Appellant.

Decided November 18, 2021

People v Mendoza, 177 AD3d 773, reversed.

{**37 NY3d at 1075} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed and case remitted to the Appellate Division, Second Department, for further proceedings. Under the totality of the circumstances and upon the People’s concession, defendant’s appeal waiver was invalid and therefore did not foreclose consideration of his harsh and excessive sentence claim (see People v Bisono, 36 NY3d 1013, 1017-1018 [2020]).

Concur: Chief Judge DiFiore and Judges Rivera, Fahey, Garcia, Wilson, Singas and Cannataro.