Majority
p. 862The People of the State of New York, Respondent, v Michael Kearney, Appellant. [698 NYS2d 193]
—Judgment unanimously affirmed. Memorandum: The negotiated sentence is neither unduly harsh nor severe (see, People v Kohler, 147 AD2d 937 , lv denied 73 NY2d 1017 ). Contrary to the contention of the People, defendant need not preserve his right to appeal the harshness of the negotiated sentence (see, People v Pollenz, 67 NY2d 264 , 268). (Appeal from Judgment of Monroe County Court, Egan, J. — Burglary, 3rd Degree.) Present — Den-man, P. J., Green, Pine, Scudder and Callahan, JJ.
Cases cited
- People v. Pollenz 67 NY2d 264 at 268 p. 862