The PEOPLEof the State of New York, Respondent, v. MENDOZA (2021)

Court of Appeals of New York.

The PEOPLEof the State of New York, Respondent, v. Eugene MENDOZA, Appellant.

No. 88 SSM 27

Decided: November 18, 2021

Patricia Pazner, Appellate Advocates, New York City (David Fitzmaurice of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens (William H. Branigan of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed and case remitted to the Appellate Division, Second Department, for further proceedings. Under the totality of the circumstances and upon the People's concession, defendant's appeal waiver was invalid and therefore did not foreclose consideration of his harsh and excessive sentence claim (see People v. Bisono, 36 N.Y.3d 1013, 1017–1018, 140 N.Y.S.3d 433, 164 N.E.3d 239 [2020]).

Chief Judge DiFiore and Judges Rivera, Fahey, Garcia, Wilson, Singas and Cannataro concur.

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