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People v. Sass

Supreme Court of New York, Fourth Department
Nov 17, 2023
2023 N.Y. Slip Op. 5873 (N.Y. App. Div. 2023)

Opinion

No. 791 KA 22-00756

11-17-2023

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. WILLIAM SASS, JR., DEFENDANT-APPELLANT.

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (CAITLIN M. CONNELLY OF COUNSEL), FOR DEFENDANT-APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (BRADLEY W. OASTLER OF COUNSEL), FOR RESPONDENT.


FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (CAITLIN M. CONNELLY OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (BRADLEY W. OASTLER OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., CURRAN, MONTOUR, OGDEN, AND NOWAK, JJ.

Appeal from a judgment of the Onondaga County Court (Stephen J. Dougherty, J.), rendered March 18, 2022. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second 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 criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). As defendant contends and the People correctly concede, 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. Martin, 213 A.D.3d 1299, 1299-1300 [4th Dept 2023]). Nevertheless, we conclude that the sentence is not unduly harsh or severe.


Summaries of

People v. Sass

Supreme Court of New York, Fourth Department
Nov 17, 2023
2023 N.Y. Slip Op. 5873 (N.Y. App. Div. 2023)
Case details for

People v. Sass

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. WILLIAM SASS, JR.…

Court:Supreme Court of New York, Fourth Department

Date published: Nov 17, 2023

Citations

2023 N.Y. Slip Op. 5873 (N.Y. App. Div. 2023)