THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. NICHOLAS RICH DEFENDANT APPELLANT (2026)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. NICHOLAS M. RICH, DEFENDANT-APPELLANT.

555 Decided: July 24, 2026

PRESENT: LINDLEY, J.P., BANNISTER, OGDEN, DELCONTE, AND HANNAH, JJ.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (BRAEDAN GILLMAN OF COUNSEL), FOR DEFENDANT-APPELLANT. MICHAEL J. KEANE, DISTRICT ATTORNEY, BUFFALO (TABITHA R. SALONEN 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 plea of guilty of aggravated vehicular homicide (Penal Law § 125.14 [1]), defendant contends that his waiver of the right to appeal is unenforceable and that the sentence is unduly harsh and severe. We affirm.

Contrary to defendant's contention, the waiver of the right to appeal is not unconscionable per se (see People v Maher, 247 AD3d 1502, 1502-1503 [4th Dept 2026], lv denied — NY3d — [2026]; People v Brinkman, 240 AD3d 1431, 1431-1432 [4th Dept 2025], lv denied 44 NY3d 1027 [2025]) and it is not improper for the People to demand a waiver of the right to appeal as a condition of a plea bargain (see Maher, 247 AD3d at 1503; Brinkman, 240 AD3d at 1431-1432; see e.g. People v Thomas, 237 AD3d 1557, 1557-1558 [4th Dept 2025], lv denied 43 NY3d 1059 [2025]). Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid and therefore does not preclude our review of his challenge to the severity of the sentence (see People v Harrison, 242 AD3d 1540, 1541 [4th Dept 2025]; People v Swiderski, 217 AD3d 1416, 1417 [4th Dept 2023]), we conclude that the sentence is not unduly harsh or severe.

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network