THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. TERRICK FICKLIN DEFENDANT APPELLANT (2026)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. TERRICK FICKLIN, DEFENDANT-APPELLANT.

524 Decided: June 26, 2026

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

JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (TONYA PLANK OF COUNSEL), FOR DEFENDANT-APPELLANT. BRIAN P. GREEN, DISTRICT ATTORNEY, ROCHESTER (MERIDETH H. SMITH OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of robbery in the second degree (Penal Law § 160.10 [1]). We affirm. As the People correctly concede, defendant's waiver of the right to appeal is invalid (see People v Small, — AD3d —, —, 2026 NY Slip Op 03560, *1 [4th Dept 2026]; see generally People v Thomas, 34 NY3d 545, 565-566 [2019], cert denied 589 US 1302 [2020]; People v Anderson, 243 AD3d 1286, 1286-1287 [4th Dept 2025], lv denied 44 NY3d 1064 [2026]), and therefore does not preclude our review of his challenge to the severity of the sentence (see People v Mendoza, 37 NY3d 1075, 1076 [2021]). We nevertheless conclude that the sentence is not unduly harsh or severe.

Entered: June 26, 2026

Ann Dillon Flynn

Clerk of the Court

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