People v Harrison (2025 NY Slip Op 05377)
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.
As corrected through Wednesday, December 10, 2025


[*1]
 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.