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PEOPLE OF THE STATE OF NEW YORK, Plaintiff-Respondent, v. DARNELL CORMACK, Defendant-Appellant.

Judgment unanimously affirmed.

Memorandum:

Because County Court did not advise defendant of the potential periods of incarceration, the waiver by defendant of the right to appeal does not encompass his challenge to the severity of the sentence ( see, People v. Wynn, 262 A.D.2d 1052; People v. Shea, 254 A.D.2d 512, 513; cf., People v. Lococo, 92 N.Y.2d 825, 827). The sentence is neither unduly harsh nor severe.

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PEOPLE v. CORMACK
(Feb 16, 2000)