THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. THOMAS J. DEMARCO, DEFENDANT–APPELLANT.
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, inter alia, aggravated driving while intoxicated (Vehicle and Traffic Law §§ 1192[2–a][a]; 1193[c][i] ). We agree with defendant that the waiver of the right to appeal does not encompass his challenge to the severity of the sentence because “no mention was made on the record during the course of the allocution” that he was also waiving his right to appeal any issue concerning the severity of the sentence (People v. Pimentel, 108 AD3d 861, 862, lv denied 21 NY3d 1076; see People v. Maracle, 19 NY3d 925, 928). We nevertheless conclude that the sentence is not unduly harsh or severe.
Frances E. Cafarell
Clerk of the Court