| People v Howard |
| 2015 NY Slip Op 00103 [124 AD3d 1350] |
| January 2, 2015 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Kareem Howard, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Karen Russo-McLaughlin ofcounsel), for defendant-appellant.
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 November 13, 2012. The judgment convicted defendant, upon his plea ofguilty, of criminal possession of a weapon in the second degree and criminal sale of afirearm in the second degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea ofguilty, of criminal possession of a weapon in the second degree (Penal Law§ 265.03 [3]) and criminal sale of a firearm in the second degree(§ 265.12 [2]). We agree with defendant that the waiver of the right toappeal does not encompass his challenge to the severity of the sentence. During the pleacolloquy, Supreme Court advised him that he was waiving his right to appeal from theconviction only and failed to make any reference to the effect that the waiver would haveon any challenge to the severity of his sentence (see People v Maracle, 19 NY3d 925, 928 [2012]; People v Peterson, 111 AD3d1412, 1412 [2013]). Nevertheless, we conclude that the sentence is not unduly harshor severe.
As the People correctly concede, the presentence report has not been redacted as thecourt ordered at sentencing, and therefore it must be redacted to correct the oversight (see generally People vAbuhamra, 107 AD3d 1630, 1631-1632 [2013], lv denied 22 NY3d1038 [2013]). Present—Centra, J.P., Fahey, Valentino, Whalen and DeJoseph,JJ.