Opinion
155 KA 20-00242
03-11-2022
The PEOPLE of the State of New York, Respondent, v. Lorenzo TERRY, Also Known as Tone, Also Known as Tony, Also Known as Lorenzo A. Terry, Defendant-Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ERIN A. TRESMOND OF COUNSEL), FOR DEFENDANT-APPELLANT. LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (ROBERT J. SHOEMAKER OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ERIN A. TRESMOND OF COUNSEL), FOR DEFENDANT-APPELLANT.
LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (ROBERT J. SHOEMAKER OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CENTRA, LINDLEY, CURRAN, AND BANNISTER, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the third degree ( Penal Law § 220.16 [1] ), defendant contends that his waiver of the right to appeal is invalid and that his sentence is unduly harsh and severe. Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid and therefore does not preclude his challenges to the severity of the sentence (see People v. Hoffman , 191 A.D.3d 1262, 1263, 137 N.Y.S.3d 784 [4th Dept. 2021], lv denied 36 N.Y.3d 1097, 144 N.Y.S.3d 135, 167 N.E.3d 1270 [2021] ), we conclude that the sentence is not unduly harsh or severe.