People v. Ball

203 N.Y.S.3d 465

The PEOPLE of the State of New York, Respondent,

v.Clevys BALL, Defendant-Appellant.

Supreme Court, Appellate Division, Fourth Department, New York.

Entered: February 9, 2024

Appeal from a judgment of the Supreme Court, Monroe County (Thomas E. Moran, J.), rendered August 16, 2021. The judgment convicted defendant, upon a guilty plea, of criminal possession of a weapon in the second degree.

JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (JONATHAN GARVIN OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (SCOTT MYLES OF COUNSEL), FOR RESPONDENT.

PRESENT: SMITH, J.P., BANNISTER, NOWAK, DELCONTE, AND KEANE, JJ.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Oh appeal from a judgment convicting him, upon his plea of guilty, of criminal possession of a weapon in the second degree (Penal Law § 265.03 [1] [b]), defendant contends, that the waiver of the light 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 thus does not preclude our review of his challenge to the severity of his sentence (see People v. Seay, 201 A.D.3d 1361, 1361-1362, 158...