Opinion
1352 KA 12-01886.
01-02-2015
The PEOPLE of the State of New York, Respondent, v. Tamell MACK, Defendant–Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Eric T. Glynn of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (David Panepinto of Counsel), for Respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Eric T. Glynn of Counsel), for Defendant–Appellant.
Frank A. Sedita, III, District Attorney, Buffalo (David Panepinto of Counsel), for Respondent.
PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO AND DeJOSEPH, JJ.
Opinion MEMORANDUM:Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the third degree ( Penal Law § 140.20 ). We agree with defendant that his waiver of the right to appeal does not encompass his challenge to the severity of the sentence (see People v. Maracle, 19 N.Y.3d 925, 928, 950 N.Y.S.2d 498, 973 N.E.2d 1272 ). Although defendant executed a written waiver of the right to appeal, there was no colloquy between Supreme Court and defendant regarding the written waiver to ensure that defendant read and understood it and that he was waiving his right to challenge the length of the sentence (see generally People v. Carno, 101 A.D.3d 1663, 1663–1664, 955 N.Y.S.2d 786, lv. denied 20 N.Y.3d 1060, 962 N.Y.S.2d 611, 985 N.E.2d 921 ). We nevertheless conclude that the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.