People v. Campbell

Summary

The New York Appellate Division, Fourth Department, unanimously affirmed Calvin Campbell's resentence following his conviction upon a guilty plea to assault in the second degree. The court concluded that, even assuming the appeal waiver was invalid or did not encompass the challenge, the resentence was not unduly harsh or severe.

Holdings

1. Even assuming that defendant's waiver of the right to appeal was invalid or did not encompass the challenge, the resentence was not unduly harsh or severe.
2. The court did not decide definitively whether the appeal waiver was valid or encompassed the challenge; it assumed, for purposes of analysis, that the waiver was invalid or inapplicable and affirmed on the merits.

Questions Presented

1. Whether defendant's waiver of the right to appeal was invalid or did not encompass his challenge to the severity of the resentence.
2. Whether the resentence was unduly harsh or severe.

Disposition

affirmed