Summary
This Appellate Division, Fourth Department slip opinion addresses a direct appeal from a Wayne County Court judgment convicting the defendant of criminal possession of a weapon in the third degree following a guilty plea. The defendant challenged the severity of his sentence, notwithstanding a waiver of his right to appeal. The court unanimously affirmed the conviction, concluding that even assuming the waiver was invalid regarding sentencing challenges, the imposed sentence was not unduly harsh or severe.
Topics
Practice areas
Questions Presented
- Whether the sentence imposed for criminal possession of a weapon in the third degree is unduly harsh or severe
- Whether the defendant's waiver of the right to appeal is valid and encompasses his challenge to the severity of the sentence
Holdings
- The sentence is not unduly harsh or severe, and the judgment is affirmed.
Key quotations
“we nevertheless conclude that the sentence is not unduly harsh or severe.” (N/A)
Factual background
The defendant pleaded guilty to criminal possession of a weapon in the third degree under Penal Law § 265.02(3) and received a sentence that he challenged as unduly harsh.
Procedural history
The Wayne County Court rendered a judgment on September 12, 2023, convicting the defendant upon a guilty plea. The defendant appealed; the Appellate Division affirmed the judgment.