PEOPLE v. CAMPBELL (2026)

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

The PEOPLE of the State of New York, Respondent, v. Calvin CAMPBELL, Defendant-Appellant.

42 Decided: February 11, 2026

PRESENT: MONTOUR, J.P., SMITH, GREENWOOD, NOWAK, AND HANNAH, JJ.

JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (TONYA PLANK 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 resentence so appealed from is unanimously affirmed.

Memorandum: Defendant was convicted upon his plea of guilty of assault in the second degree (Penal Law § 120.05 [2]) 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 People v. Odle, 233 A.D.3d 1502, 1503, 224 N.Y.S.3d 276 [4th Dept. 2024], lv denied 43 N.Y.3d 965, 232 N.Y.S.3d 433, 258 N.E.3d 1206 [2025]; People v. Knorr, 195 A.D.3d 1573, 1574, 145 N.Y.S.3d 886 [4th Dept. 2021], lv denied 37 N.Y.3d 993, 152 N.Y.S.3d 426, 174 N.E.3d 366 [2021]; see generally 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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