People v. Blaszyk

183 N.Y.S.3d 923 (Mem)

The PEOPLE of the State of New York, Respondent,

v.Robert BLASZYK, Defendant-Appellant.

220

KA 20-01634

Supreme Court, Appellate Division, Fourth Department, New York.

Entered: March 17, 2023

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ABIGAIL D. WHIPPLE OF COUNSEL), FOR DEFENDANT-APPELLANT.

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

PRESENT: SMITH, J.P., LINDLEY, CURRAN, OGDEN, AND GREENWOOD, JJ.

MEMORANDUM AND ORDER

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 attempted criminal sexual act in the first degree ( Penal Law §§ 110.00, 130.50 [2] ), defendant contends that his waiver of the right to appeal is invalid and that his sentence is unduly harsh and severe. Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid and thus does not preclude our review of his challenge to the severity of the sentence (see People v. Seay , 201 A.D.3d 1361, 1361-1362, 158 N.Y.S.3d 697 [4th Dept. 2022] ), we conclude that the sentence is not unduly harsh or severe. Contrary to defendant's further...