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PEOPLE v. CORMACK

Appellate Division of the Supreme Court of New York, Fourth Department.
Feb 16, 2000

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.