Opinion
108396
01-24-2019
The PEOPLE of the State of New York, Respondent, v. Jeffrey STEELE, Appellant.
Brian M. Callahan, Albany, for appellant. Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent.
Brian M. Callahan, Albany, for appellant.
Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Mulvey, Devine and Pritzker, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Schenectady County (Sypnewski, J.), rendered October 23, 2015, convicting defendant upon his plea of guilty of the crime of manslaughter in the first degree.
Defendant pleaded guilty to the reduced charge of manslaughter in the first degree and waived his right to appeal. County Court sentenced defendant, in accordance with the terms of the plea agreement, to a prison term of 25 years, followed by five years of postrelease supervision. Defendant appeals.
Defendant's sole contention on appeal is that the sentence is harsh and excessive given his relative youth, lack of criminal history and history of mental illness. This issue, however, is precluded by the unchallenged appeal waiver (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Gorman, 165 A.D.3d 1349, 1349, 85 N.Y.S.3d 614 [2018], lv denied 32 N.Y.3d 1125, 93 N.Y.S.3d 263, 117 N.E.3d 822, 2018 WL 6985420 [Dec. 27, 2018] ; People v. Allen, 165 A.D.3d 1348, 1348, 83 N.Y.S.3d 919 [2018] ).
ORDERED that the judgment is affirmed.
Garry, P.J., Egan Jr., Mulvey, Devine and Pritzker, JJ., concur.