Opinion
No. CR-22-2356
06-13-2024
The People of the State of New York, Respondent, v. Kevin C. Cochrane, Appellant.
Michael T. Baker, Public Defender, Binghamton (Marshall C. Read of counsel), for appellant. F. Paul Battisti, District Attorney, Binghamton (Joann Rose Parry of counsel), for respondent.
Calendar Date:May 24, 2024
Michael T. Baker, Public Defender, Binghamton (Marshall C. Read of counsel), for appellant.
F. Paul Battisti, District Attorney, Binghamton (Joann Rose Parry of counsel), for respondent.
Before: Egan Jr., J.P., Lynch, Ceresia, McShan and Mackey, JJ.
Appeal from a judgment of the County Court of Broome County (Carol A. Cocchiola, J.), rendered October 4, 2022, convicting defendant upon his plea of guilty of the crime of attempted use of a child in a sexual performance as a sexually motivated felony.
In satisfaction of a nine-count indictment, defendant pleaded guilty to attempted use of a child in a sexual performance as a sexually motivated felony in exchange for a sentencing cap of three years to be followed by six years of postrelease supervision. The plea agreement required a waiver of appeal. County Court thereafter sentenced defendant to a prison term of three years followed by six years of postrelease supervision. Defendant appeals.
Defendant's sole challenge on appeal is to the perceived severity of the lawful sentence imposed. That argument, however, is precluded by his unchallenged oral and written waiver of appeal (see People v Lopez, 6 N.Y.3d 248, 256 [2006]; People v Stevens, 220 A.D.3d 984, 986 [3d Dept 2023]). Therefore, the judgment is affirmed.
The sentence imposed was authorized for this class D felony sex offense (see Penal Law §§ 60.13, 70.45 [2-a] [a]; 70.80 [1] [a]; [4] [iii]; 110.00, 110.05 [5]; 130.91 [1], [2]; 263.05).
Egan Jr., J.P., Lynch, Ceresia, McShan and Mackey, JJ., concur.
ORDERED that the judgment is affirmed.