THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. ANTHONY MORGAN DEFENDANT APPELLANT

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Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANTHONY N. MORGAN, DEFENDANT–APPELLANT.

KA 15–00474

Decided: April 28, 2017

PRESENT:  WHALEN, P.J., LINDLEY, DEJOSEPH, NEMOYER, AND CURRAN, JJ. TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JAMES A. HOBBS OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN 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 manslaughter in the first degree (Penal Law § 125.20[1] ).  We agree with defendant that his waiver of the right to appeal does not encompass his challenge to the severity of the sentence.  “ ‘[N]o mention was made on the record during the course of the allocution concerning the waiver of defendant's right to appeal his conviction that he was also waiving his right to appeal the harshness of his sentence’ “ (People v. Grucza, 145 AD3d 1505, 1506).  We nevertheless reject defendant's contention that the bargained-for sentence is unduly harsh and severe.

Frances E. Cafarell

Clerk of the Court