Opinion
109795
03-16-2020
The PEOPLE of the State of New York, Respondent, v. Dayshawn ALLEN, Appellant.
Justin C. Brusgul, Voorheesville, for appellant. David J. Clegg, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Justin C. Brusgul, Voorheesville, for appellant.
David J. Clegg, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Before: Lynch, J.P., Clark, Mulvey, Pritzker and Colangelo, JJ.
MEMORANDUM AND ORDER Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered May 10, 2017, convicting defendant upon his plea of guilty of the crime of burglary in the first degree.
In full satisfaction of a four-count indictment, defendant pleaded guilty to one count of burglary in the first degree with the understanding that his sentence would be capped at 12 years followed by five years of postrelease supervision. As part of the plea agreement, defendant waived his right to appeal. Consistent with the terms of the plea agreement, County Court sentenced defendant to a prison term of 12 years followed by five years of postrelease supervision. This appeal ensued.
Defendant's sole contention upon appeal – that the sentence imposed is harsh and excessive – is precluded by his unchallenged waiver of the right to appeal (see People v. Miller, 175 A.D.3d 1677, 1677, 106 N.Y.S.3d 636 [2019] ; People v. Valachovic, 163 A.D.3d 1351, 1351–1352, 77 N.Y.S.3d 905 [2018], lv denied 33 N.Y.3d 954, 100 N.Y.S.3d 183, 123 N.E.3d 842 [2019] ; People v. Wands, 160 A.D.3d 1214, 1215, 71 N.Y.S.3d 917 [2018], lv denied 31 N.Y.3d 1122, 81 N.Y.S.3d 382, 106 N.E.3d 765 [2018] ). Accordingly, the judgment of conviction is affirmed.
Lynch, J.P., Clark, Mulvey, Pritzker and Colangelo, JJ., concur.
ORDERED that the judgment is affirmed.