People v Mendoza

People v Mendoza 2021 NY Slip Op 06429 Decided on November 18, 2021 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 18, 2021
No. 88 SSM 27

[*1]The People & c., Respondent, v.

v

Eugene Mendoza, Appellant.

Submitted by David Fitzmaurice, for appellant.

Submitted by William H. Branigan, for respondent.

On review of submissions pursuant to section 500.11 of the Rules, order reversed and case remitted to the Appellate Division, Second Department, for further proceedings. Under the totality of the circumstances and upon the People's concession, defendant's appeal waiver was invalid and therefore did not foreclose consideration of his harsh and excessive sentence claim (see People v Bisono, 36 NY3d 1013, 1017-1018 [2020]).

Chief Judge DiFiore and Judges Rivera, Fahey, Garcia, Wilson, Singas and Cannataro concur.

Decided November 18, 2021