Opinion
108448
08-02-2018
The PEOPLE of the State of New York, Respondent, v. Gammen KNIGHT, Also Known as G, Appellant.
Sandra M. Colatosti, Albany, for appellant. Robert M. Carney, District Attorney, Schenectady (Tracey A. Brunecz of counsel), for respondent.
Sandra M. Colatosti, Albany, for appellant.
Robert M. Carney, District Attorney, Schenectady (Tracey A. Brunecz of counsel), for respondent.
Before: Devine, J.P., Mulvey, Aarons, Rumsey and Pritzker, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Schenectady County (Sypniewski, J.), rendered March 15, 2016, convicting defendant upon his plea of guilty of the crimes of manslaughter in the first degree and criminal sale of a firearm in the third degree.
Defendant pleaded guilty to manslaughter in the first degree and criminal sale of a firearm in the third degree with the understanding that he would be sentenced, as a second violent felony offender, to an aggregate prison sentence of 28 years, to be followed by five years of postrelease supervision. Pursuant to the plea agreement, defendant agreed to waive his right to appeal and to pay restitution in the amount of $8,400. County Court thereafter imposed the agreed-upon sentence and ordered defendant to pay $8,400 in restitution. Defendant now appeals.
We affirm. Defendant's claim that his sentence is harsh and excessive is precluded by his unchallenged appeal waiver (see People v. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Chapman, 160 A.D.3d 1211, 1211, 71 N.Y.S.3d 919 [2018] ; People v. Booker, 159 A.D.3d 1221, 1222, 70 N.Y.S.3d 408 [2018] ). Further, inasmuch as the record establishes that the terms of the plea agreement included restitution in the amount of $8,400, and defendant did not request a hearing or otherwise contest the amount ordered, his contention that the amount is not supported by the record is both precluded by his appeal waiver and unpreserved for our review (see People v. Grumberg, 153 A.D.3d 1525, 1527, 62 N.Y.S.3d 199 [2017] ; People v. Adams, 153 A.D.3d 1449, 1451, 61 N.Y.S.3d 703 [2017] ).
ORDERED that the judgment is affirmed.
Devine, J.P., Mulvey, Aarons, Rumsey and Pritzker, JJ., concur.