People v Sanger, 2024 NY Slip Op 03984 [229 AD3d 1275]

July 26, 2024

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

Tyrone Sanger, Appellant.

Michael J. Stachowski, P.C., Buffalo (Michael J. Stachowski of counsel), for defendant-appellant.

Michael J. Keane, Acting District Attorney, Buffalo (Mindy F. Vanleuvan of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Erie County (M. William Boller, A.J.), rendered March 31, 2021. The judgment convicted defendant upon his plea of guilty of burglary 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 burglary in the third degree (Penal Law § 140.20). As defendant contends and the People correctly concede, defendant did not validly waive his right to appeal ( see People v Thomas , 34 NY3d 545 , 565-566 [2019], cert denied 589 US —, 140 S Ct 2634 [2020]; People v Cole , 201 AD3d 1360 , 1360-1361 [4th Dept 2022]). Nevertheless, we conclude that the sentence is not unduly harsh or severe. Present—Smith, J.P., Bannister, Ogden, Greenwood and Nowak, JJ..