Opinion
107992
05-31-2018
The PEOPLE of the State of New York, Respondent, v. Trevor J. SISTO, Appellant.
Thomas F. Garner, Middleburgh, for appellant. Kristy L. Sprague, District Attorney, Elizabethtown (James E. Martineau Jr., Au Sable Forks of counsel), for respondent.
Thomas F. Garner, Middleburgh, for appellant.
Kristy L. Sprague, District Attorney, Elizabethtown (James E. Martineau Jr., Au Sable Forks of counsel), for respondent.
Before: Garry, P.J., Lynch, Clark, Aarons and Rumsey, JJ.
MEMORANDUM AND ORDER
Aarons, J.Appeal from a judgment of the County Court of Essex County (Meyer, J.), rendered March 5, 2015, convicting defendant upon his plea of guilty of the crimes of assault in the first degree (three counts), attempted assault in the first degree, reckless driving (two counts) and reckless endangerment in the second degree and the violation of leaving the scene of an incident without reporting (two counts).
In satisfaction of a 60–count indictment, defendant pleaded guilty to attempted assault in the first degree and three counts of assault in the first degree, as well as various misdemeanors and traffic violations, and waived his right to appeal. He was sentenced, in accordance with the terms of the plea agreement, to an aggregate prison term of 35 years followed by a period of postrelease supervision. Defendant appeals.
Defendant's challenges to the sufficiency and voluntariness of the plea are unpreserved for our review as the record does not reflect that he made an appropriate postallocution motion (see People v. Leach, 26 N.Y.3d 1154, 1154, 28 N.Y.S.3d 355, 48 N.E.3d 497 [2016] ; People v. Shillabeer, 154 A.D.3d 1017, 1018, 60 N.Y.S.3d 862 [2017] ; People v. Adams, 153 A.D.3d 1449, 1450, 61 N.Y.S.3d 703 [2017] ; People v. Butler, 134 A.D.3d 1349, 1350, 22 N.Y.S.3d 617 [2015], lvs denied 27 N.Y.3d 962, 963, 36 N.Y.S.3d 624, 56 N.E.3d 904 [2016] ). Further, a review of the plea colloquy fails to establish any basis to warrant the application of the narrow exception to the preservation requirement (see People v. Louree, 8 N.Y.3d 541, 545, 838 N.Y.S.2d 18, 869 N.E.2d 18 [2007] ; People v. Wallace, 150 A.D.3d 1551, 1552, 52 N.Y.S.3d 684 [2017] ; People v. Butler, 134 A.D.3d at 1350, 22 N.Y.S.3d 617 ). To the extent that defendant challenges the severity of the agreed-upon sentence, it is precluded by the unchallenged waiver of the right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. St. Mary, 157 A.D.3d 1168, 1169, 67 N.Y.S.3d 503 [2018], lv denied 31 N.Y.3d 986, ––– N.Y.S.3d ––––, ––– N.E.3d –––– [2018] ).ORDERED that the judgment is affirmed.
Garry, P.J., Lynch, Clark and Rumsey, JJ., concur.