| People v Mack |
| 2015 NY Slip Op 00118 [124 AD3d 1362] |
| January 2, 2015 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vTamell Mack, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Eric T. Glynn of counsel), fordefendant-appellant.
Frank A. Sedita, III, District Attorney, Buffalo (David Panepinto of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (M. William Boller,A.J.), rendered June 22, 2012. The judgment convicted defendant, upon his plea ofguilty, of burglary in the third 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 burglary in the third degree (Penal Law § 140.20). We agree withdefendant that his waiver of the right to appeal does not encompass his challenge to theseverity of the sentence (seePeople v Maracle, 19 NY3d 925, 928 [2012]). Although defendant executed awritten waiver of the right to appeal, there was no colloquy between Supreme Court anddefendant regarding the written waiver to ensure that defendant read and understood itand that he was waiving his right to challenge the length of the sentence (see generally People v Carno,101 AD3d 1663, 1663-1664 [2012], lv denied 20 NY3d 1060 [2013]). Wenevertheless conclude that the sentence is not unduly harsh or severe.Present—Smith, J.P., Peradotto, Carni, Valentino and DeJoseph, JJ.