THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JENNIFER MOTON ALSO KNOWN AS JENNIFER MOTON ALSO KNOWN AS ALSO KNOWN AS MISS DEFENDANT APPELLANT (2026)

MEMORANDUM AND ORDER

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

Memorandum: On appeal from a judgment convicting her upon her plea of guilty of two counts of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]) and two counts of criminal sale of a controlled substance in the third degree (§ 220.39 [1]), defendant contends that she did not validly waive her right to appeal and that her sentence is unduly harsh and severe. Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid (see People v Markle, 147 AD3d 1527, 1527 [4th Dept 2017]; People v Collins, 129 AD3d 1676, 1676 [4th Dept 2015], lv denied 26 NY3d 1038 [2015]; People v Meiner, 20 AD3d 778, 778 n [3d Dept 2005]; see also People v Wallace, 153 AD3d 1632, 1633 [4th Dept 2017]), and therefore does not preclude our review of her challenge to the severity of her sentence (see People v Hemphill, 192 AD3d 1479, 1480 [4th Dept 2021]; People v Alls, 187 AD3d 1515, 1515 [4th Dept 2020]; People v Love, 181 AD3d 1193, 1193 [4th Dept 2020]), we conclude that the sentence is not unduly harsh or severe.

Finally, we note that the certificate of disposition incorrectly recites that under counts 2 and 4 of the indictment defendant was convicted of two counts of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]), and it must be amended to reflect that under those counts she was convicted of two counts of criminal sale of a controlled substance in the third degree (§ 220.39 [1]; see generally People v Thurston, 208 AD3d 1629, 1630 [4th Dept 2022]).

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court