People v. Kilgore

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Onondaga County Court for further proceedings in accordance with the following Memorandum: We reject the People’s contention that defendant waived his right to appeal his sentencing as a predicate felon without a hearing when he accepted the plea agreement. The right to challenge the legality of a sentence is not subject to waiver (see, People v Callahan, 80 NY2d 273, 281; People v Francabandera, 33 NY2d 429).

County Court erred in summarily refusing to consider the constitutional challenge of defendant to…