Opinion
845 KA 14-00514
07-02-2015
The PEOPLE of the State of New York, Respondent, v. Antonio L. JAMES, Defendant–Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Nicholas P. Difonzo of Counsel), for Defendant–Appellant. Lawrence Friedman, District Attorney, Batavia (William G. Zickl of Counsel), for Respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Nicholas P. Difonzo of Counsel), for Defendant–Appellant.
Lawrence Friedman, District Attorney, Batavia (William G. Zickl of Counsel), for Respondent.
PRESENT: SCUDDER, P.J., CARNI, LINDLEY, VALENTINO, AND WHALEN, JJ.
Opinion
MEMORANDUM:
On appeal from a judgment convicting him, upon his plea of guilty, of grand larceny in the fourth degree (Penal Law § 155.30[1] ), defendant contends that his waiver of the right to appeal is unenforceable and that his sentence is unduly harsh and severe. “Even assuming, arguendo, that defendant's waiver of the right to appeal is unenforceable ..., or that it does not otherwise preclude his challenge to the severity of his sentence” (People v. Vann, 115 A.D.3d 1334, 1334, 982 N.Y.S.2d 669 ), we nevertheless perceive no basis to modify the sentence, an indeterminate term of imprisonment of 1 ? to 3 years, as a matter of discretion in the interest of justice (see CPL 470.15[6][b] ). We note that, although defendant was only 22 years old at the time of sentencing, he already had an extensive criminal record, including four prior felonies, and he failed to complete three separate terms of probation.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.