People v Loomis, 2024 NY Slip Op 02443 [227 AD3d 1461]
May 3, 2024
Appellate Division, Fourth Department
[*1]
The People of the State of New York, Respondent,
v
Jason Loomis, Appellant.
Todd G. Monahan, Little Falls, for defendant-appellant.
Kristyna S. Mills, District Attorney, Watertown (Morgan R. Mayer of counsel), for respondent.
Appeal from a judgment of the Jefferson County Court (Daniel R. King, A.J.), rendered July 29, 2020. The judgment convicted defendant upon a guilty plea of criminal sexual act in the second degree (two counts).
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his guilty plea of two counts of criminal sexual act in the second degree (Penal Law § 130.45 [1]), defendant contends that the enhanced sentence is unduly harsh and severe. Even assuming, arguendo, that defendant’s waiver of the right to appeal was not knowingly, voluntarily and intelligently entered ( see People v Fox , 204 AD3d 1452 , 1453-1454 [4th Dept 2022], lv denied 39 NY3d 940 [2022]; see generally People v Thomas , 34 NY3d 545 , 562 [2019], cert denied 589 US —, 140 S Ct 2634 [2020]) or otherwise does not encompass his challenge to the severity of the sentence ( see People v Tennant , 217 AD3d 1564 , 1564 [4th Dept 2023]; People v Baker , 204 AD3d 1471 , 1471 [4th Dept 2022], lv denied 38 NY3d 1069 [2022]), we perceive no basis in the record to exercise our power to modify the sentence as a matter of discretion in the interest of justice ( see CPL 470.15 [6] [b]). Present—Smith, J.P., Curran, Bannister, Greenwood and Keane, JJ..