People v. McBride

Appellate Division of the Supreme Court of New York

People v. McBride

Appellate Division of the Supreme Court of the State of New York·Decided May 1, 2026·No. 293 KA 24-01969·Published·Cited by 1 cases

Opinion

People v McBride - 2026 NY Slip Op 02757

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Law Reporting
Bureau Thomas J.K. Smith, State Reporter

People v McBride

2026 NY Slip Op 02757

May 1, 2026

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

TINOS MCBRIDE, DEFENDANT-APPELLANT.

Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department

Decided on May 1, 2026

293 KA 24-01969

Present: Lindley, J.P., Curran, Ogden, Nowak, And Delconte, JJ.

SARAH S. HOLT, CONFLICT DEFENDER, ROCHESTER (FABIENNE N. SANTACROCE OF COUNSEL), FOR DEFENDANT-APPELLANT.

BRIAN P. GREEN, DISTRICT ATTORNEY, ROCHESTER (MERIDETH H. SMITH OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered September 11, 2024. The judgment convicted defendant upon a plea of guilty of criminal possession of a weapon in the second degree.

[*1]

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 criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). We affirm. Assuming, arguendo, that defendant's waiver of the right to appeal is invalid or otherwise does not encompass his challenge to the severity of the sentence (see People v Thomas, 236 AD3d 1357, 1357 [4th Dept 2025]; People v Odle, 233 AD3d 1502, 1502 [4th Dept 2024], lv denied 43 NY3d 965 [2025]), we nevertheless conclude that the sentence is not unduly harsh or severe.

Entered: May 1, 2026

Ann Dillon Flynn

Clerk of the Court

Links to or from other sites do not signify endorsement or relationship with them.

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People v McBride - 2026 NY Slip Op 02757

skip to main content

It appears you are using Adblock. Please disable Adblock to best experience our website.

Law Reporting
Bureau Thomas J.K. Smith, State Reporter

People v McBride

2026 NY Slip Op 02757

May 1, 2026

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

TINOS MCBRIDE, DEFENDANT-APPELLANT.

Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department

Decided on May 1, 2026

293 KA 24-01969

Present: Lindley, J.P., Curran, Ogden, Nowak, And Delconte, JJ.

SARAH S. HOLT, CONFLICT DEFENDER, ROCHESTER (FABIENNE N. SANTACROCE OF COUNSEL), FOR DEFENDANT-APPELLANT.

BRIAN P. GREEN, DISTRICT ATTORNEY, ROCHESTER (MERIDETH H. SMITH OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered September 11, 2024. The judgment convicted defendant upon a plea of guilty of criminal possession of a weapon in the second degree.

[*1]

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 criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). We affirm. Assuming, arguendo, that defendant's waiver of the right to appeal is invalid or otherwise does not encompass his challenge to the severity of the sentence (see People v Thomas, 236 AD3d 1357, 1357 [4th Dept 2025]; People v Odle, 233 AD3d 1502, 1502 [4th Dept 2024], lv denied 43 NY3d 965 [2025]), we nevertheless conclude that the sentence is not unduly harsh or severe.

Entered: May 1, 2026

Ann Dillon Flynn

Clerk of the Court

Links to or from other sites do not signify endorsement or relationship with them.

People v. McBride, (N.Y. Ct. App. 2026).

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