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PEOPLE v. WYNN
Appellate Division of the Supreme Court of New York, Fourth Department.
Jun 18, 1999
Judgment unanimously affirmed. Memorandum: Because Supreme 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. Shea, 254 A.D.2d 512 [decided Oct. 1, 1998]; cf., People v. Lococo, 92 N.Y.2d 825, 827; People v. Hidalgo, 91 N.Y.2d 733, 734-735, 737). The sentence is neither unduly harsh nor severe.
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