PEOPLE v. SHABAZZ (2001)

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

PEOPLE of the State of New York, Plaintiff-Respondent, v. Jared SHABAZZ, Defendant-Appellant.

Decided: March 21, 2001

PRESENT: GREEN, J.P., WISNER, HURLBUTT and BURNS, JJ.

James Eckert, for defendant-appellant. Wendy Evans Lehmann, Rochester, for plaintiff-respondent.

Defendant appeals from a judgment convicting him upon his plea of guilty of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [3] ). We agree with defendant that his purported waiver of the right to appeal is invalid. At the plea proceeding, the prosecutor and defense counsel both acknowledged that a waiver of the right to appeal was not a condition of the plea agreement. We conclude, however, that the bargained-for sentence is neither unduly harsh nor severe.

Judgment unanimously affirmed.

MEMORANDUM:

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