THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. CHANCE BARNWELL MCCLARY ALSO KNOWN AS CHANCE BARNWELL MCCLARY ALSO KNOWN AS CHANCE JEMIL BARNWELL MCCLARY ALSO KNOWN AS CHANCE MCCLARY DEFENDANT APPELLANT (2022)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. CHANCE J. BARNWELL-MCCLARY, ALSO KNOWN AS CHANCE BARNWELL-MCCLARY, ALSO KNOWN AS CHANCE JEMIL BARNWELL-MCCLARY, ALSO KNOWN AS CHANCE B. MCCLARY, DEFENDANT-APPELLANT.

673 Decided: October 07, 2022

PRESENT: LINDLEY, J.P., NEMOYER, CURRAN, WINSLOW, AND BANNISTER, JJ.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ADAM AMIRAULT OF COUNSEL), FOR DEFENDANT-APPELLANT. LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (ROBERT J. SHOEMAKER 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 attempted criminal possession of a controlled substance in the third degree (Penal Law §§ 110.00, 220.16 [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 was not knowingly, voluntarily and intelligently entered” (People v Plantiko, 163 AD3d 1471, 1471 [4th Dept 2018]), we perceive no basis in the record to exercise our power to modify the sentence as a matter of discretion in the interest of justice (see CPL 470.15 [6] [b]), especially considering that defendant has already been released to parole supervision (see People v Alls, 187 AD3d 1515, 1515 [4th Dept 2020]).

Entered: October 7, 2022

Ann Dillon Flynn

Clerk of the Court

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