People v. McBride

Summary

The Appellate Division, Fourth Department, unanimously affirmed a Monroe County Supreme Court judgment convicting Tinos McBride upon his guilty plea to criminal possession of a weapon in the second degree. The court concluded that, even assuming the waiver of appeal was invalid or did not encompass the sentence challenge, the sentence was not unduly harsh or severe.

Holdings

1. The court assumed, without deciding, that defendant's waiver of the right to appeal was invalid or did not encompass his challenge to the severity of the sentence, and reached the sentencing issue.
2. The sentence was not unduly harsh or severe.

Questions Presented

1. Whether defendant's waiver of the right to appeal was valid or encompassed his challenge to the severity of the sentence.
2. Whether the sentence imposed upon defendant's guilty plea was unduly harsh or severe.

Disposition

affirmed