THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. BENJAMIN SANTIAGO JR ALSO KNOWN AS BENJAMIN SANTIAGO ALSO KNOWN AS BENJAMIN SANTIAGO DEFENDANT APPELLANT (2023)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BENJAMIN SANTIAGO, JR., ALSO KNOWN AS BENJAMIN SANTIAGO, ALSO KNOWN AS BENJAMIN J. SANTIAGO, DEFENDANT-APPELLANT.

1005

Decided: December 22, 2023

PRESENT: LINDLEY, J.P., CURRAN, BANNISTER, GREENWOOD, AND DELCONTE, JJ.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (BRAEDAN GILLMAN OF COUNSEL), FOR DEFENDANT-APPELLANT. KEVIN T. FINNELL, DISTRICT ATTORNEY, BATAVIA (WILLIAM G. ZICKL OF COUNSEL), FOR RESPONDENT.

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 guilty plea of two counts of robbery in the first degree (Penal Law § 160.15 [1], [3]) and one count of assault in the first degree (§ 120.10 [1]), among other offenses, defendant contends that his waiver of the right to appeal is invalid and that his sentence is unduly harsh and severe. As the People correctly concede, the waiver of the right to appeal is invalid (see People v Thomas, 34 NY3d 545, 565-566 [2019], cert denied — US —, 140 S Ct 2634 [2020]; People v Hughes, 199 AD3d 1332, 1333 [4th Dept 2021]).

We nevertheless conclude that the sentence imposed by County Court is not unduly harsh or severe.

Entered: December 22, 2023

Ann Dillon Flynn

Clerk of the Court

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