THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JOHN COSTA DEFENDANT APPELLANT (2026)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOHN COSTA, DEFENDANT-APPELLANT.

541 Decided: July 24, 2026

PRESENT: WHALEN, P.J., CURRAN, MONTOUR, GREENWOOD, AND NOWAK, JJ.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT. MICHAEL J. KEANE, DISTRICT ATTORNEY, BUFFALO (PAUL J. WILLIAMS, III, 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 revoking the sentence of probation previously imposed upon his conviction of attempted robbery in the second degree (Penal Law §§ 110.00, 160.10 [2] [b]) and sentencing him to a term of imprisonment, followed by a period of postrelease supervision. Initially, even assuming, arguendo, that defendant's waiver of the right to appeal during the underlying plea proceeding was valid, we conclude that, contrary to the People's assertion, the waiver does not encompass defendant's challenge to the severity of the sentence imposed following his violation of probation (see People v Quinones-Rivera, 170 AD3d 1530, 1530-1531 [4th Dept 2019]; see also People v Jones, 118 AD3d 1361, 1362 [4th Dept 2014]). We further conclude, however, that the sentence imposed upon defendant's violation of probation is not unduly harsh or severe.

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court

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