Opinion
106559
05-17-2018
The PEOPLE of the State of New York, Respondent, v. Daniel CAMPBELL, Also Known as Solider, Appellant.
Dana L. Salazar, East Greenbush, for appellant. Joel E. Abelove, District Attorney, Troy (Kathryn M. Moryl of counsel), for respondent.
Dana L. Salazar, East Greenbush, for appellant.
Joel E. Abelove, District Attorney, Troy (Kathryn M. Moryl of counsel), for respondent.
Before: McCarthy, J.P., Devine, Clark, Mulvey and Pritzker, JJ.
MEMORANDUM AND ORDERAppeal from a judgment of the County Court of Rensselaer County (Young, J.), rendered March 22, 2013, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.
County Court (Jacon, J.) conducted a colloquy with defendant in which he pleaded guilty to attempted criminal sale of a controlled substance in the third degree. County Court (Young, J.) thereafter sentenced him, as a second felony offender, to the agreed-upon sentence of four years in prison, to be followed by two years of postrelease supervision, the sentence to be served under parole supervision pursuant to CPL 410.91. Defendant appeals.
We affirm. The People initially concede, and we agree, that the waiver of the right to appeal—consisting of a sparse written waiver executed at sentencing that was not referenced during the plea colloquy—was not valid (see People v. Thompson, 157 A.D.3d 1141, 1141–1142, 69 N.Y.S.3d 744 [2018] ; People v. Ties, 132 A.D.3d 558, 558, 18 N.Y.S.3d 54 [2015] ). We accordingly address defendant's remaining contention, that his sentence is harsh and excessive, and find neither an abuse of discretion nor the existence of any extraordinary circumstances warranting a reduction of the agreed-upon sentence in the interest of justice (see People v. Ortiz, 153 A.D.3d 1049, 1049, 61 N.Y.S.3d 178 [2017] ; People v. Harris, 150 A.D.3d 1337, 1337–1338, 51 N.Y.S.3d 437 [2017] ).
ORDERED that the judgment is affirmed.
McCarthy, J.P., Devine, Clark, Mulvey and Pritzker, JJ., concur.