| People v Ramos-Roman |
| 2013 NY Slip Op 08753 [112 AD3d 1364] |
| December 27, 2013 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v PedroRamos-Roman, Also Known as Edgar, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Ashley R. Small of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (M. William Boller,A.J.), rendered July 21, 2011. The judgment convicted defendant, upon his plea of guilty,of manslaughter in the first 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 ofguilty of manslaughter in the first degree (Penal Law § 125.20 [1]). We agree withdefendant that the oral and written waivers of his right to appeal from his conviction ofthat crime do not encompass his challenge to the severity of his sentence and thus do notforeclose our review of that challenge (see People v Maracle, 19 NY3d 925, 927-928 [2012]). Wenevertheless conclude that the sentence is not unduly harsh or severe.Present—Smith, J.P., Fahey, Lindley, Valentino and Whalen, JJ.