| People v Young |
| 2022 NY Slip Op 05387 [208 AD3d 1577] |
| September 30, 2022 |
| 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 Brendon A. Young, Appellant. |
Jill L. Paperno, Acting Public Defender, Rochester (Shirley A. Gorman 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 November 1, 2017. The judgment convicted defendant upon a plea of guilty of criminal sexual act in the first degree (two counts).
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 two counts of criminal sexual act in the first degree (Penal Law § 130.50 [4]). We agree with defendant that his waiver of the right to appeal was invalid (see People v Hughes, 199 AD3d 1332, 1333 [4th Dept 2021]; see generally People v Thomas, 34 NY3d 545, 565 [2019], cert denied 589 US &mdash, 140 S Ct 2634 [2020]). We nevertheless conclude that the sentence is not unduly harsh or severe. Present—Whalen, P.J., Smith, Centra, Peradotto and NeMoyer, JJ.