| People v Ball |
| 2021 NY Slip Op 04462 [196 AD3d 1175] |
| July 16, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Jarron A. Ball, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Jane I. Yoon of counsel), for defendant-appellant.
Lori Pettit Rieman, District Attorney, Little Valley, for respondent.
Appeal from a judgment of the Cattaraugus County Court (Ronald D. Ploetz, J.), rendered May 22, 2017. The judgment convicted defendant upon a plea of guilty of disseminating indecent material to minors in the first degree and sexual misconduct.
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 disseminating indecent material to minors in the first degree (Penal Law § 235.22) and sexual misconduct (§ 130.20 [1]), 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 therefore does not preclude our review of his challenge to the severity of his sentence (see People v Hoffman, 191 AD3d 1262, 1263 [4th Dept 2021], lv denied 36 NY3d 1097 [2021]), we conclude that the sentence is not unduly harsh or severe. Present—Centra, J.P., NeMoyer, Troutman, Winslow and Bannister, JJ.