| People v Mazaika |
| 2021 NY Slip Op 00930 [191 AD3d 1419] |
| February 11, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Michael Mazaika, Appellant. |
Kathleen E. Casey, Barker, for defendant-appellant.
Caroline A. Wojtaszek, District Attorney, Lockport (Laura T. Jordan of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), rendered August 14, 2019. The judgment convicted defendant upon a plea of guilty of criminal sexual act in the second degree.
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 NY3d 545, 565-566 [2019], cert denied 589 US &mdash, 140 S Ct 2634 [2020]). Nevertheless, we conclude that the sentence is not unduly harsh or severe. Present—Smith, J.P., Peradotto, Lindley, Troutman and DeJoseph, JJ.