People v. Montalvo-Santiago , 2022 NY Slip Op 00530 ( 2022 )

People v Montalvo-Santiago (2022 NY Slip Op 00530)

People v Montalvo-santiago

2022 NY Slip Op 00530

Decided on January 28, 2022

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 28, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., NEMOYER, CURRAN, WINSLOW, AND BANNISTER, JJ.

2 KA 19-00975

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

OSVALDO MONTALVO-SANTIAGO, DEFENDANT-APPELLANT.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MINDY F. VANLEUVAN OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered April 9, 2019. The judgment convicted defendant, upon a plea of guilty, of attempted course of sexual conduct against a child 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 attempted course of sexual conduct against a child in the first degree (Penal Law §§ 110.00, 130.75 [1] [a]). As defendant contends and the People correctly concede, defendant did not validly waive his right to appeal (see People v Thomas, 34 NY3d 545, 565-566, cert denied — US &mdash, 140 S Ct 2634 [2020]). The sentence, however, is not unduly harsh or severe.

Entered: January 28, 2022

Ann Dillon Flynn

Clerk of the Court