Opinion
109287
04-11-2019
The PEOPLE of the State of New York, Respondent, v. Fernando ADORNO, Appellant.
Justin C. Brusgul, Voorheesville, for appellant. D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Justin C. Brusgul, Voorheesville, for appellant.
D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Mulvey, Devine and Pritzker, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered January 18, 2017, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.
Defendant pleaded guilty to burglary in the second degree and waived the right to appeal. County Court thereafter imposed the agreed-upon sentence of 4½ years in prison, to be followed by five years of postrelease supervision. Defendant appeals.
We affirm. Defendant's sole argument on appeal is that his sentence is harsh and excessive. This argument is precluded by defendant's unchallenged waiver of the right to appeal (see People v. Valachovic, 163 A.D.3d 1351, 1351–1352, 77 N.Y.S.3d 905 [2018] ; People v. Chapman, 160 A.D.3d 1211, 1211, 71 N.Y.S.3d 919 [2018] ). Therefore, the judgment of conviction is affirmed.
Garry, P.J., Egan Jr., Mulvey, Devine and Pritzker, JJ., concur.
ORDERED that the judgment is affirmed.