| People v Harrison |
| 2025 NY Slip Op 05377 [242 AD3d 1540] |
| October 3, 2025 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Jason S. Harrison, Appellant. |
Andrew D. Correia, Public Defender, Lyons (Paul Skip Laisure of counsel), for defendant-appellant.
Christine K. Callanan, District Attorney, Lyons (Catherine A. Menikotz of counsel), for respondent.
Appeal from a judgment of the Wayne County Court (Arthur B. Williams, J.), rendered September 12, 2023. The judgment convicted defendant upon his plea of guilty of criminal possession of a weapon in the third degree.
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 criminal possession of a weapon in the third degree (Penal Law § 265.02 [3]). We affirm. Assuming, arguendo, that defendant's waiver of the right to appeal is invalid or otherwise does not encompass his challenge to the severity of the sentence (see People v Odle, 233 AD3d 1502, 1503 [4th Dept 2024], lv denied 43 NY3d 965 [2025]; People v Ramos-Perez, 188 AD3d 1741, 1742 [4th Dept 2020], lv denied 36 NY3d 1099 [2021]; People v Nicpon, 170 AD3d 1501, 1501 [4th Dept 2019]), we nevertheless conclude that the sentence is not unduly harsh or severe. Present—Curran, J.P., Bannister, Smith, DelConte and Keane, JJ.