Opinion
463 KA 20-01110
06-03-2022
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JON B. ELLINGTON, DEFENDANT-APPELLANT.
KATHLEEN E. CASEY, BARKER, FOR DEFENDANT-APPELLANT. BRIAN D. SEAMAN, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.
KATHLEEN E. CASEY, BARKER, FOR DEFENDANT-APPELLANT.
BRIAN D. SEAMAN, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CENTRA, NEMOYER, CURRAN, AND BANNISTER, JJ.
Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered August 14, 2019. The judgment convicted defendant upon a plea of guilty of kidnapping in the second degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon a plea of guilty of kidnapping in the second degree (Penal Law § 135.20), 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 (see People v Thomas, 34 N.Y.3d 545, 564-566 [2019], cert denied - U.S. -, 140 S.Ct. 2634 [2020]) and thus does not preclude our review of his challenge to the severity of his sentence (see People v Alls, 187 A.D.3d 1515, 1515 [4th Dept 2020]), we conclude that the sentence is not unduly harsh or severe.