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PEOPLE v. MONTALVO-SANTIAGO

2 KA 19-00975.

201 A.D.3d 1296 (2022)

158 N.Y.S.3d 668

2022 NY Slip Op 00530

The People of the State of New York, Respondent, v. Osvaldo Montalvo-Santiago, Appellant.

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

Decided January 28, 2022.

Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP, OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MINDY F. VANLEUVAN OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., NeMoyer, Curran, Winslow and Bannister, 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 attempted course of sexual conduct against a child in the first degree (Penal Law §§ 110.00, 130.75[1][a]). As defendant contends and the People correctly concede, defendant did not validly waive his right to appeal (see People v Thomas, 34 N.Y.3d 545, 565-566 [2019], cert denied...

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