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People v. Ernst

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
Nov 8, 2019
2019 N.Y. Slip Op. 8084 (N.Y. App. Div. 2019)

Opinion

1074 KA 18-00870

11-08-2019

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. CHARLES ERNST, DEFENDANT-APPELLANT.

MICHAEL J. STACHOWSKI, P.C., BUFFALO (MICHAEL J. STACHOWSKI OF COUNSEL), FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.


PRESENT:

MICHAEL J. STACHOWSKI, P.C., BUFFALO (MICHAEL J. STACHOWSKI OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), rendered August 3, 2017. The judgment convicted defendant, upon his 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 does not encompass his challenge to the severity of his sentence (see People v Fraisar, 151 AD3d 1757, 1757 [4th Dept 2017], lv denied 29 NY3d 1127 [2017]). Nevertheless, we conclude that the sentence is not unduly harsh or severe.

Entered: November 8, 2019

Mark W. Bennett

Clerk of the Court


Summaries of

People v. Ernst

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
Nov 8, 2019
2019 N.Y. Slip Op. 8084 (N.Y. App. Div. 2019)
Case details for

People v. Ernst

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. CHARLES ERNST…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Nov 8, 2019

Citations

2019 N.Y. Slip Op. 8084 (N.Y. App. Div. 2019)