People v. Putnam

213 N.Y.S.3d 832

The PEOPLE of the State of New York, Respondent,

v.Jacob PUTNAM, Defendant-Appellant. (Appeal No. 1.)

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

Entered: July 26, 2024

Appeal from a judgment of the Supreme Court, Erie County (Paul Wojtaszek, J.), rendered February 19, 2021. The judgment convicted defendant, upon his plea of guilty, of criminal possession of stolen property in the fourth degree and criminal possession of stolen property in the fifth degree.

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

JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.

PRESENT: SMITH, J.P., BANNISTER, OGDEN, GREENWOOD, AND NOWAK, JJ.

MEMORANDUM AND ORDER

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

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him, upon his guilty plea, of criminal possession of stolen property in the fourth degree (Penal Law § 165.45 [5]) and criminal possession of stolen property in the fifth degree (§ 165.40). In appeal No. 2, defendant appeals from a judgment convicting him, upon his guilty plea, of criminal possession of stolen property in the fourth degree (§ 165.45 [1]). Even assuming, arguendo, in each appeal that defendant’s waiver of the right to appeal is invalid and therefore does not preclude our review of his challenge to the severity of his sentence (see People v. Crosby, 222 A.D.3d 1411, 1411, 200 N.Y.S.3d 252 [4th Dept. 2023], lv denied 41 N.Y.3d 1001, 213 N.Y.S.3d 230, 236 N.E.3d 1249 [2024]; People v. Mowery, 213 A.D.3d 1300, 1300, 181 N.Y.S.3d 924 [4th Dept. 2023]), we reject defendant’s challenge to the severity of the sentence in each appeal. We note, however, with respect to appeal No. 1, the certificate of conviction in that appeal incorrectly...