Opinion
106083
03-26-2015
The PEOPLE of the State of New York, Respondent, v. William A. LOWELL, Appellant.
Marcy I. Flores, Warrensburg, for appellant. Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), for respondent.
Marcy I. Flores, Warrensburg, for appellant.
Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), for respondent.
Before: LAHTINEN, J.P., GARRY, LYNCH and DEVINE, JJ.
Opinion
LAHTINEN, J.P.
Appeal from a judgment of the County Court of Schenectady County (Giardino, J.), rendered September 12, 2012, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.
In satisfaction of an indictment containing 25 charges against him, defendant pleaded guilty to burglary in the second degree and waived his right to appeal. He was sentenced as a second felony offender to 6 ½ years in prison, to be followed by five years of postrelease supervision. Defendant appeals.
We affirm. Defendant's sole argument on appeal, that he was improperly sentenced as a second felony offender, survives his valid waiver of the right to appeal but is unpreserved due to his failure to object at sentencing (see People v. Walton, 101 A.D.3d 1489, 1490, 956 N.Y.S.2d 705 [2012], lv. denied 20 N.Y.3d 1105, 965 N.Y.S.2d 801, 988 N.E.2d 539 [2013] ; People v. Glynn, 72 A.D.3d 1351, 1351–1352, 899 N.Y.S.2d 442 [2010], lv. denied 15 N.Y.3d 773, 907 N.Y.S.2d 462, 933 N.E.2d 1055 [2010] ). Moreover, reversal in the interest of justice is unwarranted under the circumstances presented herein (see People v. Wilkins, 118 A.D.3d 1038, 1039, 986 N.Y.S.2d 364 [2014], lvs. denied 24 N.Y.3d 960, 964, 965, 996 N.Y.S.2d 219, 224, 225, 20 N.E.3d 999, 1004, 1005 [2014] ; People v. Walton, 101 A.D.3d at 1490, 956 N.Y.S.2d 705 ).
ORDERED that the judgment is affirmed.
GARRY, LYNCH and DEVINE, JJ., concur.