PEOPLE v. PATTON (2000)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Plaintiff-Respondent, v. Robert PATTON, Defendant-Appellant.

Decided: June 16, 2000

PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT and LAWTON, JJ.

Elizabeth C. Clarke, for defendant-appellant. Robert Mastrocola, Rochester, for plaintiff-respondent.

We reject the contention of defendant that his waiver of the right to appeal does not encompass his challenge to the enhanced sentence imposed by County Court. As part of the plea agreement, defendant agreed that, if he was arrested for any reason before sentencing, the court would not be bound by its sentence commitment. Defendant was arrested before sentencing and was charged with criminal possession of a controlled substance in the third degree. “ ‘[B]ecause defendant was sentenced in accordance with the plea agreement, he waived his right to appeal from the sentence’ ” (People v. Wynn, 239 A.D.2d 921, 922, 661 N.Y.S.2d 819, lv. denied 90 N.Y.2d 912, 663 N.Y.S.2d 524, 686 N.E.2d 236, quoting People v. Van Buren, 203 A.D.2d 961, 612 N.Y.S.2d 1002). In any event, the enhanced sentence is neither unduly harsh nor severe.

Judgment unanimously affirmed.

MEMORANDUM:

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