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PEOPLE v. MAZAIKA

97 KA 19-01822.

191 A.D.3d 1419 (2021)

138 N.Y.S.3d 416

2021 NY Slip Op 00930

The People of the State of New York, Respondent, v. Michael Mazaika, Appellant.

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

Decided February 11, 2021.

Attorney(s) appearing for the Case

KATHLEEN E. CASEY , BARKER, FOR DEFENDANT-APPELLANT.

CAROLINE A. WOJTASZEK , DISTRICT ATTORNEY, LOCKPORT ( LAURA T. JORDAN OF COUNSEL), FOR RESPONDENT.

Present— Smith, J.P., Peradotto, Lindley, Troutman and DeJoseph, JJ.

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 criminal sexual act in the second degree (Penal Law § 130.45[1]). We agree with defendant that his purported waiver of the right to appeal is invalid (see People v Thomas, 34 N.Y.3d 545, 565-566 [2019], cert denied 589 US ___, 140 S.Ct. 2634 [2020]). Nevertheless, we conclude that...

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