PEOPLE v. ODLE (2024)

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

The PEOPLE of the State of New York, Respondent, v. Mikel R. ODLE, Defendant-Appellant.

832 Decided: December 20, 2024

PRESENT: WHALEN, P.J., LINDLEY, BANNISTER, NOWAK, AND HANNAH, JJ.

RYAN JAMES MULDOON, AUBURN, FOR DEFENDANT-APPELLANT. KRISTYNA S. MILLS, DISTRICT ATTORNEY, WATERTOWN (MORGAN R. MAYER OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: Defendant was convicted upon his plea of guilty of murder in the second degree (Penal Law § 125.25 [1]), attempted murder in the first degree (§§ 110.00, 125.27 [1] [a] [viii]; [b]), and reckless endangerment in the first degree (§ 120.25), and now appeals from the resentence. We affirm.

Assuming, arguendo, that defendant's waiver of the right to appeal is invalid or otherwise does not encompass his challenge to the severity of the resentence (see generally People v. Fortner, 203 A.D.3d 1690, 1690, 162 N.Y.S.3d 814 [4th Dept. 2022], lv denied 38 N.Y.3d 1007, 168 N.Y.S.3d 377, 188 N.E.3d 569 [2022]; People v. Jirdon, 159 A.D.3d 1518, 1519, 70 N.Y.S.3d 423 [4th Dept. 2018]), we nevertheless conclude that the resentence is not unduly harsh or severe.

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