Opinion
109501
08-01-2019
The PEOPLE of the State of New York, Respondent, v. John ILACQUA, Appellant.
Tracy E. Steeves, Kingston, for appellant. D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Tracy E. Steeves, Kingston, for appellant.
D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Before: Garry, P.J., Lynch, Clark, Devine and Pritzker, JJ.
MEMORANDUM AND ORDER
Defendant pleaded guilty to burglary in the second degree in full satisfaction of the two-count indictment and waived the right to appeal. County Court thereafter imposed the agreed-upon sentence of six years in prison, to be followed by five years of postrelease supervision. Defendant appeals.
Defendant's sole contention on appeal is that his sentence is harsh and excessive. However, this contention is precluded from our review by his unchallenged waiver of the right to appeal (see People v. St. Mary, 157 A.D.3d 1168, 1169, 67 N.Y.S.3d 503 [2018], lv denied 31 N.Y.3d 986, 77 N.Y.S.3d 664, 102 N.E.3d 441 [2018] ; People v. Odom, 150 A.D.3d 1484, 1485, 52 N.Y.S.3d 235 [2017] ).
Garry, P.J., Lynch, Clark, Devine and Pritzker, JJ., concur.
ORDERED that the judgment is affirmed.