PEOPLE v. MAYHAM (2000)

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

PEOPLE of the State of New York, Plaintiff-Respondent, v. Cassandra MAYHAM, Defendant-Appellant.

Decided: May 10, 2000

PRESENT: PINE, J.P., HAYES, SCUDDER and KEHOE, JJ.

Roland Hayes, Buffalo, for Defendant-Appellant. Don I. Dally, for Plaintiff-Respondent.

On appeal from a judgment convicting her upon her plea of guilty of assault in the second degree (Penal Law § 120.05[2] ), defendant's sole contention on appeal is that the sentence is unduly harsh or severe. Contrary to the People's contention, defendant's waiver of the right to appeal does not encompass the challenge to the severity of the sentence because defendant was not advised of the potential periods of incarceration (see, People v. Cormack, 269 A.D.2d 815, 703 N.Y.S.2d 808; People v. Barker, 266 A.D.2d 846, 698 N.Y.S.2d 805; People v. Wynn, 262 A.D.2d 1052, 691 N.Y.S.2d 807). We conclude, however, that the sentence imposed, six months of incarceration and five years of probation, is not unduly harsh or severe.

Judgment unanimously affirmed.

MEMORANDUM:

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