Opinion
109363
12-05-2019
The PEOPLE of the State of New York, Respondent, v. Antoine RAY, Appellant.
James R. McGinn, Delmar, for appellant. P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.
James R. McGinn, Delmar, for appellant.
P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Mulvey and Pritzker, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Albany County (Lynch, J.), rendered January 18, 2017, convicting defendant upon his plea of guilty of the crime of attempted assault in the first degree.
In satisfaction of a two-count indictment, defendant pleaded guilty to attempted assault in the first degree in exchange for a prison term of 10 years followed by five years of postrelease supervision. As part of the plea agreement, defendant waived his right to appeal. County Court sentenced him, as an admitted second felony offender, to the contemplated term of imprisonment, and this appeal ensued.
The sole argument raised by defendant upon appeal – that the agreed-upon sentence imposed is harsh and excessive – is precluded by defendant's unchallenged waiver of the right to appeal (see People v. Clerveau, 174 A.D.3d 1066, 1068, 104 N.Y.S.3d 767 [2019], lv denied 34 N.Y.3d 949, 110 N.Y.S.3d 639, 134 N.E.3d 638 [2019] ; People v. Perez, 171 A.D.3d 1309, 1309, 95 N.Y.S.3d 914 [2019] ; People v. Allen, 165 A.D.3d 1348, 1348, 83 N.Y.S.3d 919 [2018] ). Accordingly, the judgment of conviction is affirmed.
Garry, P.J., Egan Jr., Mulvey and Pritzker, JJ., concur.
ORDERED that the judgment is affirmed.