People v. Strange

Summary

The New York Appellate Division, Fourth Department, unanimously affirmed a Monroe County Court judgment convicting Markell Strange upon his guilty plea to attempted burglary in the first degree. The court held that, even assuming the defendant’s waiver of the right to appeal was invalid, the sentence was not unduly harsh or severe.

Holdings

1. The sentence was not unduly harsh or severe.
2. The court did not decide the validity of the waiver; it assumed, for purposes of argument, that the waiver was invalid.

Questions Presented

1. Whether defendant's sentence for attempted burglary in the first degree was unduly harsh or severe.
2. Whether defendant's waiver of the right to appeal was valid and precluded appellate review of the sentence-severity challenge.

Disposition

affirmed