THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. LISA DUMAS DEFENDANT APPELLANT (2024)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LISA DUMAS, DEFENDANT-APPELLANT.

157 Decided: May 10, 2024

PRESENT: LINDLEY, J.P., CURRAN, BANNISTER, GREENWOOD, AND NOWAK, JJ.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (PAUL J. WILLIAMS, III, OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment revoking a term of probation imposed after her plea of guilty of attempted robbery in the third degree (Penal Law §§ 110.00, 160.05). County Court sentenced defendant to an indeterminate term of imprisonment that is concurrent to a longer sentence imposed on defendant for an unrelated conviction. Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid, as the People concede, and therefore does not preclude our review of her challenge to the severity of the sentence (see People v Littles, 221 AD3d 1592, 1592 [4th Dept 2023], lv denied 40 NY3d 1093 [2024]; People v Albanese, 218 AD3d 1366, 1366-1367 [4th Dept 2023], lv denied 40 NY3d 995 [2023]), we conclude that the sentence is not unduly harsh or severe.

Entered: May 10, 2024

Ann Dillon Flynn

Clerk of the Court

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