Opinion
2011-11-10
The PEOPLE of the State of New York, Respondent,v.Jacques MORON, Appellant.
Robert A. Regan, Glens Falls, for appellant.Kathleen B. Hogan, District Attorney, Lake George (Emilee B. Davenport of counsel), for respondent.
Appeal from a judgment of the County Court of Warren County (Hall Jr., J.), rendered March 24, 2010, convicting defendant upon his plea of guilty of the crimes of attempted criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree.
In satisfaction of a four-count indictment, defendant pleaded guilty to attempted
criminal sale of a controlled substance in the third degree and waived his right to appeal. Under the terms of the plea agreement, defendant was to be sentenced to a determinate term of imprisonment of at least one year and no more than 5 1/2 years to be followed by a two-year period of postrelease supervision. County Court released defendant to interim probation pending sentencing. While on probation, defendant and a codefendant were charged in a 12–count indictment with additional drug-related crimes. In satisfaction thereof, defendant pleaded guilty to criminal sale of a controlled substance in the third degree and again waived his right to appeal. Under the terms of this plea agreement, he was to be sentenced to nine years in prison, to be followed by two years of postrelease supervision, to run concurrently to the sentence imposed in connection with the first indictment of 5 1/2 years in prison to be followed by two years of postrelease supervision. Defendant was sentenced accordingly and he now appeals.
Defendant's sole contention is that the sentence is harsh and excessive. We are, however, precluded from addressing this claim given defendant's valid waivers of appeal ( see People v. Harris, 84 A.D.3d 1587, 922 N.Y.S.2d 820 [2011]; People v. Jones, 83 A.D.3d 1289, 920 N.Y.S.2d 750 [2011], lv. denied 17 N.Y.3d 860, 932 N.Y.S.2d 25, 956 N.E.2d 806 [2011] ). Therefore, we decline to disturb the judgment of conviction.
ORDERED that the judgment is affirmed.
PETERS, J.P., SPAIN, MALONE JR., McCARTHY and GARRY, JJ., concur.