Opinion
05-03-2024
The PEOPLE of the State of New York, Respondent, v. Jason LOOMIS, Defendant-Appellant.
TODD G. MONAHAN, LITTLE FALLS, FOR DEFENDANT-APPELLANT. KRISTYNA S. MILLS, DISTRICT ATTORNEY, WATERTOWN (MORGAN R. MAYER OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Jefferson County Court (Daniel R. King, A.J.), rendered July 29, 2020. The judgment convicted defendant upon a guilty plea of criminal sexual act in the second degree (two counts).
TODD G. MONAHAN, LITTLE FALLS, FOR DEFENDANT-APPELLANT.
KRISTYNA S. MILLS, DISTRICT ATTORNEY, WATERTOWN (MORGAN R. MAYER OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CURRAN, BANNISTER, GREENWOOD, AND KEANE, JJ.
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 criminal sexual act in the second degree (Penal Law § 130.45 [1]), defendant contends that the enhanced sentence is unduly harsh and severe. Even assuming, arguendo, that defendant’s waiver of the right to appeal was not knowingly, voluntarily and intelligently entered (see People v. Fox, 204 A.D.3d 1452, 1453-1454, 166 N.Y.S.3d 790 [4th Dept. 2022], lv denied 39 N.Y.3d 940, 177 N.Y.S.3d 532, 198 N.E.3d 775 [2022]; see generally People v. Thomas, 34 N.Y.3d 545, 562, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied — U.S. —, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]) or otherwise does not encompass his challenge to the severity of the sentence (see People v. Tennant, 217 A.D.3d 1564, 1564, 190 N.Y.S.3d 567 [4th Dept. 2023]; People v. Baker, 204 A.D.3d 1471, 1471, 166 N.Y.S.3d 816 [4th Dept. 2022], lv denied 38 N.Y.3d 1069, 171 N.Y.S.3d 462, 191 N.E.3d 414 [2022]), we perceive no basis in the record to exercise our power to modify the sentence as a matter of discretion in the interest of justice (see CPL 470.15 [6] [b]).