PEOPLE v. COFFEE (2025)

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

The PEOPLE of the State of New York, Respondent, v. Rahmiere Dunham COFFEE, Defendant-Appellant. (Appeal No. 1.)

161 Decided: March 21, 2025

PRESENT: CURRAN, J.P., MONTOUR, SMITH, DELCONTE, AND HANNAH, JJ.

JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (JANE I. YOON OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (MARTIN P. MCCARTHY, II, OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him, upon his plea of guilty, of assault in the first degree (Penal Law § 120.10 [1]). In appeal No. 2, he appeals from a judgment convicting him, upon his plea of guilty in the same plea proceeding, of burglary in the second degree (§ 140.25 [2]). Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid (see People v Rivera, 225 AD3d 1286, 1286 [4th Dept 2024], lv denied 41 NY3d 1004 [2024]; People v Fernandez, 218 AD3d 1257, 1257-1258 [4th Dept 2023], lv denied 40 NY3d 1012 [2023]) and thus does not preclude our review of his challenge to the sentences imposed (see People v Baker, 158 AD3d 1296, 1296 [4th Dept 2018], lv denied 31 NY3d 1011 [2018]; see also People v Johnson, 215 AD3d 1282, 1282 [4th Dept 2023], lv denied 40 NY3d 929 [2023]), we nevertheless conclude in each appeal that the sentence is not unduly harsh or severe.

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