The People of the State of New York, Respondent, v John K. Martz, Appellant.
Appellate Division, Third Department, New York
March 5, 2020
2020 NY Slip Op 01528 | 181 AD3d 979
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 6, 2020
Christopher C. Shambo, District Attorney, Indian Lake (Susan M. Johnson of counsel), for respondent.
Egan Jr., J. Appeal from a judgment of the County Court of Hamilton County (Feldstein, J.), rendered March 13, 2018, which resentenced defendant following his conviction of the crimes of criminal sexual act in the first degree and sexual abuse in the first degree.
In March 2016, defendant pleaded guilty to the crimes of criminal sexual act in the first degree and sexual abuse in the first degree and waived his right to appeal. Defendant committed the crime of criminal sexual act in the first degree at the age of 15 and committed the crime of sexual abuse in the first degree at the age of 17. At sentencing, defense counsel requested that County Court grant defendant youthful offender status. County Court stated that it did not know whether defendant was eligible for youthful offender status but that, “assuming for the sake of discussion” defendant was eligible, it would “deny the application,” based on the need for deterrence and the concern that the crimes at issue “may reflect a proclivity.” Defendant was thereafter sentenced to an aggregate prison term of eight years to be followed by 20 years of postrelease supervision.
Defendant appealed, and this Court held that County Court‘s admission that it did not know whether defendant was eligible for youthful offender status established that the court was unaware of the applicability of the statutory override provisions of
Defendant contends that County Court abused its discretion in denying him youthful offender status and that the sentence imposed was harsh and excessive. Initially, although defendant waived his right to appeal at the time of the plea, this waiver was invalid. During the plea colloquy, County Court informed defendant that, although he had a right to make certain postconviction motions “to this court or to other courts” regarding his convictions and/or sentence, as a result of waiving the right to appeal, he would be “giving up the right to do any of those things, appeal or make such motions, for all time with regard to these convictions.” County Court further informed defendant that, by waiving his right to appeal, he would be giving up his right to make any postconviction motions pursuant to Penal Law articles 330 and 440, “as well as [to] bring habeas corpus proceedings and have other courts look at whether it was a proper conviction or a proper sentence.” As this waiver purported to encompass certain nonwaivable rights, it was not knowing, intelligent and voluntary and, thus, invalid (see People v Thomas, 34 NY3d 545, 565-568 [2019]; People v Barrales, 179 AD3d 1313, 1314-1315 [2020]).
Turning to the merits, “[t_]he decision to grant or deny youthful offender status rests within the sound exercise of the sentencing court‘s discretion and, absent a clear abuse of that discretion, its decision will not be disturbed” (People v Soule, 162 AD3d 1407, 1407 [2018] [internal quotation marks and citation omitted], lv denied 32 NY3d 1068 [2018]). Upon remittal, County Court expressly found that there were “no mitigating circumstances that bear directly upon the manner in which the crime was committed,” that defendant was the sole participant in the crime and that “[h]is participation was far from relatively minor,” and it that he was not an eligible youth (see
Garry, P.J., Lynch, Mulvey and Reynolds Fitzgerald, JJ., concur. Ordered that the judgment is affirmed.