People v. Beach

2023 NY Slip Op 03655

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JACOB BEACH, DEFENDANT-APPELLANT.

No. 572 KA 20-00849

Supreme Court of New York, Fourth Department

June 30, 2023

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ERIN A. TRESMOND OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.

PRESENT: SMITH, J.P., CURRAN, BANNISTER, MONTOUR, AND OGDEN JJ.

Appeal from a judgment of the Erie County Court (Sheila A. DiTullio J.), rendered May 28, 2019. The judgment convicted defendant upon his plea of guilty of course of sexual conduct against a child in the first degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum On appeal from a judgment convicting him upon his plea of guilty of course of sexual conduct against a child in the first degree (Penal Law § 130.75 [1] [a]), defendant contends that his waiver of the right to appeal is invalid and that his sentence is unduly harsh and severe. We agree with defendant that the waiver of the right to appeal is invalid and therefore does not preclude our review of his challenge to the severity of the sentence (see People v Thomas, 34 N.Y.3d 545, 565-566 [2019], cert denied __ U.S. __, 140 S.Ct. 2634 [2020]; People v Martin, 213 A.D.3d 1299, 1299-1300 [4th Dept 2023]; People v Gordon, 191 A.D.3d 1367, 1368 [4th Dept 2021], lv denied 36 N.Y.3d 1120 [2021]). Nonetheless, we...