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The People of the State of New York v. Daryl Green, Jr.

New York v. Daryl Green, Jr.

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Julie Cianca, Public Defender, Rochester (Shirley A. Gorman of Counsel), for Defendant-Appellant. Sandra Doorley, District Attorney, Rochester (Scott Myles of Counsel), for Respondent. Appeal from a judgment of the Supreme Court, Monroe County (Thomas E. Moran, J.), rendered August 4, 2020. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree. 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 criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]). We agree with defendant, and the People correctly concede, that his waiver of the right to appeal is invalid (see People v. Thomas, 34 NY3d 545, 564-566 [2019], cert denied — US —, 140 S Ct 2634 [2020]). We are therefore not precluded from reviewing defendant’s challenge to the severity of his sentence. Nevertheless, we reject defendant’s contention that the sentence is unduly harsh and severe.

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