People v Stephens, 2024 NY Slip Op 00536 [224 AD3d 1269]

February 2, 2024

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

Donald Stephens, Appellant.

Julie Cianca, Public Defender, Rochester (Janet C. Somes of counsel), for defendant-appellant.

Sandra Doorley, District Attorney, Rochester (Scott Myles of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered September 12, 2018. The judgment convicted defendant, upon his plea of guilty, of criminal sexual act in the first degree.

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

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal sexual act in the first degree (Penal Law § 130.50 [4]). As defendant contends and the People correctly concede, defendant’s waiver of the right to appeal is invalid ( see People v Thomas , 34 NY3d 545 , 564-566 [2019], cert denied 589 US —, 140 S Ct 2634 [2020]). Contrary to defendant’s contention, however, the sentence is not unduly harsh or severe. Present—Whalen, P.J., Curran, Ogden, Greenwood and Nowak, JJ..