People v. Ahmed

• Decision Date: 13 November 2020
• Docket Number: KA 18-02087,680.4
• Citation: 132 N.Y.S.3d 371 (Mem),188 A.D.3d 1626
• Parties: The PEOPLE of the State of New York, Respondent, v. Emad AHMED, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

188 A.D.3d 1626

132 N.Y.S.3d 371 (Mem)

The PEOPLE of the State of New York, Respondent,

v.Emad AHMED, Defendant-Appellant.

680.4

KA 18-02087

Supreme Court, Appellate Division, Fourth Department, New York.

Entered: November 13, 2020

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. LOWRY OF COUNSEL), FOR RESPONDENT.

PRESENT: CARNI, J.P., LINDLEY, NEMOYER, CURRAN, AND BANNISTER, JJ.

MEMORANDUM AND ORDER

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 attempted criminal possession of a weapon in the second degree ( Penal Law §§ 110.00, 265.03 [3] ). Even assuming, arguendo, that defendant's waiver of the right to appeal was invalid (see People v. Thomas , 34 N.Y.3d 545, 565-566, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied ––– U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020] ) and thus does not preclude our review of his challenge to the severity of the sentence (see People v. Baker , 158 A.D.3d 1296, 1296, 68 N.Y.S.3d 349 [4th Dept. 2018], lv denied 31 N.Y.3d 1011, 78 N.Y.S.3d 281, 102 N.E.3d 1062 [2018] ), we conclude that the sentence is not unduly harsh or severe.