People v McBride
2026 NY Slip Op 02757 [249 AD3d 1512]
May 1, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 8, 2026
The People of the State of New York, Respondent,
v
Tinos McBride, Appellant.
May 1, 2026
APPEARANCES OF COUNSEL
Sarah S. Holt, Conflict Defender, Rochester (Fabienne N. Santacroce of counsel), for defendant-appellant.
Brian P. Green, District Attorney, Rochester (Merideth H. Smith of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered September 11, 2024. The judgment convicted defendant upon a plea of guilty of criminal possession of a weapon in the second 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 second degree (Penal Law § 265.03 [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 Thomas, 236 AD3d 1357, 1357 [4th Dept 2025]; People v Odle, 233 AD3d 1502, 1502 [4th Dept 2024], lv denied 43 NY3d 965 [2025]), we nevertheless conclude that the sentence is not unduly harsh or severe. Present—Lindley, J.P., Curran, Ogden, Nowak and DelConte, JJ.