People v D‘Alberto
Appellate Division, Third Department, New York
March 19, 2015
2015 NY Slip Op 02150 | 126 AD3d 1183
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 29, 2015.
D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered June 11, 2013, convicting defendant upon his plea of guilty of the crime of burglary in the third degree (two counts).
Defendant waived indictment and agreed to be charged in a superior court information with two counts of burglary in the third degree. He pleaded guilty to these crimes in satisfaction of the superior court information, as well as other pending charges, and also waived his right to appeal. Thereafter, he was sentenced in accordance with the plea agreement to consecutive terms of 2 1/3 to 7 years in prison. Defendant now appeals.
Defendant‘s sole contention is that his sentence is harsh and excessive. He is, however, precluded from raising this claim by his valid waiver of the right to appeal (see People v Brady, 122 AD3d 1009, 1011 [2014]; People v Banks, 122 AD3d 953, 954 [2014]). Therefore, the judgment is affirmed.
Lahtinen, J.P., Egan Jr., Lynch and Clark, JJ., concur. Ordered that the judgment is affirmed.