People v Costa

Holding The court held that a waiver of the right to appeal during a plea proceeding does not encompass a challenge to the severity of a sentence imposed following a probation violation. However, the court affirmed the judgment, concluding that the sentence imposed was not unduly harsh or severe.

The court’s words

the waiver does not encompass defendant's challenge to the severity of the sentence imposed following his violation of probation

2026 NY Slip Op 04699, at the official text

the sentence imposed upon defendant's violation of probation is not unduly harsh or severe

2026 NY Slip Op 04699, at the official text