THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. DENISSE CRUZ DEFENDANT APPELLANT (2025)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DENISSE CRUZ, DEFENDANT-APPELLANT.

440 Decided: June 06, 2025

PRESENT: LINDLEY, J.P., MONTOUR, OGDEN, GREENWOOD, AND NOWAK, JJ.

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (CASEY S. DUFFY OF COUNSEL), FOR DEFENDANT-APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (ELISABETH A. DANNAN OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting her, upon a plea of guilty, of sexual abuse in the first degree (Penal Law § 130.65 [4]). We agree with defendant that her “purported waiver of the right to appeal is not enforceable inasmuch as the totality of the circumstances fails to reveal that defendant ‘understood the nature of the appellate rights being waived’ ” (People v Youngs, 183 AD3d 1228, 1228 [4th Dept 2020], lv denied 35 NY3d 1050 [2020], quoting People v Thomas, 34 NY3d 545, 559 [2019], cert denied — US —, 140 S Ct 2634 [2020]; see People v Kratz, 231 AD3d 1529, 1529 [4th Dept 2024], lv denied 42 NY3d 1053 [2024]). We are therefore not precluded from reviewing defendant's challenge to the severity of her sentence. Nevertheless, we reject defendant's contention that the sentence is unduly harsh and severe.

Entered: June 6, 2025

Ann Dillon Flynn

Clerk of the Court

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