THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. VICTOR CRAMER WILLIAMS DEFENDANT APPELLANT (2026)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. VICTOR CRAMER-WILLIAMS, DEFENDANT-APPELLANT.

124 Decided: March 20, 2026

PRESENT: WHALEN, P.J., LINDLEY, OGDEN, GREENWOOD, AND HANNAH, JJ.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ERIN A. TRESMOND OF COUNSEL), FOR DEFENDANT-APPELLANT. MICHAEL J. KEANE, 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: On appeal from a judgment convicting him upon his plea of guilty of manslaughter in the first degree (Penal Law § 125.20 [1]), defendant contends that his waiver of the right to appeal is invalid and that his sentence is unduly harsh and severe. Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid and therefore does not preclude our review of his challenge to the severity of the sentence (see People v Harrison, 242 AD3d 1540, 1541 [4th Dept 2025]; People v Swiderski, 217 AD3d 1416, 1417 [4th Dept 2023]), we conclude that the sentence is not unduly harsh or severe. As the People correctly concede, however, both the certificate of conviction and the uniform sentence and commitment form must be corrected to reflect defendant's status as a second felony offender rather than a second violent felony offender (see People v Portis, 224 AD3d 1317, 1318-1319 [4th Dept 2024], lv denied 41 NY3d 985 [2024]).

Entered: March 20, 2026

Ann Dillon Flynn

Clerk of the Court

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