Opinion
111250
09-23-2021
Ruth Boyer, Public Defender, Kingston (Carly Burkhardt of counsel), for appellant. David J. Clegg, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Ruth Boyer, Public Defender, Kingston (Carly Burkhardt of counsel), for appellant.
David J. Clegg, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Before: Garry, P.J., Lynch, Pritzker, Reynolds Fitzgerald and Colangelo, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered January 22, 2019, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.
Defendant pleaded guilty to a superior court information charging him with the reduced charge of attempted promoting prison contraband in the first degree and waived his right to appeal. In accordance with the terms of the plea agreement, County Court sentenced defendant, a second felony offender, to a prison term of 2 to 4 years, to run consecutively to the sentence he was then serving. Defendant appeals.
Defendant's sole contention on appeal – that the sentence imposed was harsh and excessive – is foreclosed by his unchallenged waiver of the right to appeal (see People v. Washington, 190 A.D.3d 1161, 1162, 136 N.Y.S.3d 805 [2021] ; People v. Carter, 190 A.D.3d 1161, 1161, 136 N.Y.S.3d 806 [2021] ).
Garry, P.J., Lynch, Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.
ORDERED that the judgment is affirmed.