People v Williams, 2024 NYSlipOp 01651 [225 AD3d 1295]

March 22, 2024

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

Don Spencer Williams, Appellant.

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Leah N. Farwell of counsel), for defendant-appellant.

John J. Flynn, District Attorney, Buffalo (Mindy F. Vanleuvan of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Erie County (Deborah A. Haendiges, J.), rendered October 16, 2019. The judgment convicted defendant, upon a guilty plea, of aggravated family offense.

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 aggravated family offense (Penal Law § 240.75 [1]). Even assuming, arguendo, that defendant’s waiver of the right to appeal is invalid and therefore does not preclude our review of his challenge to the severity of his sentence ( see People v Mowery , 213 AD3d 1300 , 1300 [4th Dept 2023]; People v Shaffer , 210 AD3d 1452 , 1452-1453 [4th Dept 2022]; People v Davis , 189 AD3d 2140 , 2141 [4th Dept 2020]), we conclude that the sentence is not unduly harsh or severe. Present—Smith, J.P., Curran, Montour and DelConte, JJ..