People v. Coleman

Memorandum.

Although the scope of appeal in a criminal case after a guilty plea is narrowly limited, one of the questions reviewable by an Appellate Division is the severity of sentence. "Where the defendant is still actually serving under a sentence claimed to be excessive, he may raise that question on appeal. Within People v. Lynn (28 N Y 2d 196 [1971]) this, would be regarded as a “ viable claim ” in an application pursuant to People v. Montgomery (24 N Y 2d 130) to reimpose judgment to revive the right to appeal.

Appellant here is presently serving under the maximum sentence imposed. Upon…