PEOPLE v. CARTER

1035 KA 20-00249.

200 A.D.3d 1719 (2021)

155 N.Y.S.3d 846

2021 NY Slip Op 07425

The People of the State of New York, Respondent, v. Travis Carter, Appellant.

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

Decided December 23, 2021.


Attorney(s) appearing for the Case

CHRISTINE M. COOK , SYRACUSE, FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK , DISTRICT ATTORNEY, SYRACUSE ( KENNETH H. TYLER, JR. , OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Carni, NeMoyer, Curran and Winslow, JJ.


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

Memorandum: On appeal from a judgment convicting him upon a plea of guilty of grand larceny in the third degree (Penal Law § 155.35[1]), defendant contends that the sentence imposed is unduly harsh and severe and that the waiver of the right to appeal does not foreclose his challenge to the severity of the sentence. We agree with defendant that he did not validly waive his right...

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