Opinion
457 KA 19-00481
07-16-2021
The PEOPLE of the State of New York, Respondent, v. Joseph LOPEZ, Defendant-Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (DEBORAH K. JESSEY OF COUNSEL), FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. LOWRY OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (DEBORAH K. JESSEY OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. LOWRY OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., CARNI, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
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 attempted course of sexual conduct against a child in the first degree ( Penal Law §§ 110.00, 130.75 [1] [a] ). We affirm.
Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid (see generally People v. Goins , 191 A.D.3d 1399, 1399, 138 N.Y.S.3d 399 [4th Dept. 2021], lv denied 36 N.Y.3d 1120, 146 N.Y.S.3d 217, 169 N.E.3d 575 [2021] ), we reject defendant's contention that Supreme Court erred in refusing to suppress certain statements that defendant made to the police (see People v. Crane , 87 A.D.3d 1386, 1387, 930 N.Y.S.2d 338 [4th Dept. 2011], lv denied 17 N.Y.3d 952, 936 N.Y.S.2d 78, 959 N.E.2d 1027 [2011] ).
We also reject defendant's contention that the court abused its discretion in refusing to grant him youthful offender status (see People v. Simpson , 182 A.D.3d 1046, 1047, 120 N.Y.S.3d 910 [4th Dept. 2020], lv denied 35 N.Y.3d 1049, 127 N.Y.S.3d 823, 151 N.E.3d 504 [2020] ). Additionally, having reviewed the applicable factors pertinent to a youthful offender adjudication (see People v. Keith B.J. , 158 A.D.3d 1160, 1160, 70 N.Y.S.3d 291 [4th Dept. 2018] ), we decline to exercise our interest of justice jurisdiction to grant him such status (see Simpson , 182 A.D.3d at 1047, 120 N.Y.S.3d 910 ). Finally, the sentence is not unduly harsh or severe.