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People v. Free

Supreme Court, Appellate Division, Fourth Department, New York.
Jun 9, 2023
189 N.Y.S.3d 365 (N.Y. App. Div. 2023)

Opinion

465 KA 22-00049

06-09-2023

The PEOPLE of the State of New York, Respondent, v. David W. FREE, Jr., 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: PERADOTTO, J.P., BANNISTER, MONTOUR, AND GREENWOOD, JJ.

MEMORANDUM AND ORDER

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 attempted course of sexual conduct against a child in the first degree ( Penal Law §§ 110.00, 130.75 [1] [b] ), 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 his challenge to the severity of the sentence (see People v. Terry , 203 A.D.3d 1578, 1578, 161 N.Y.S.3d 905 [4th Dept. 2022], lv denied 38 N.Y.3d 1010, 168 N.Y.S.3d 375, 378, 188 N.E.3d 567, 570 [2022]), we perceive no basis in the record to exercise our power to modify the sentence as a matter of discretion in the interest of justice (see CPL 470.15 [6] [b] ).


Summaries of

People v. Free

Supreme Court, Appellate Division, Fourth Department, New York.
Jun 9, 2023
189 N.Y.S.3d 365 (N.Y. App. Div. 2023)
Case details for

People v. Free

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. David W. FREE, Jr.…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Jun 9, 2023

Citations

189 N.Y.S.3d 365 (N.Y. App. Div. 2023)