Opinion
No. 101433.
March 13, 2008.
Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered August 28, 2007, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the fourth degree.
David P. Marionucci, Albany, for appellant.
P. David Soares, District Attorney, Albany (Brett M. Knowles of counsel), for respondent.
Before: Cardona, P.J., Peters, Spain, Kane and Kavanagh, JJ.
Waiving his right to appeal, defendant pleaded guilty to attempted criminal sale of a controlled substance in the fourth degree and was sentenced to 2½ years in prison with one year of postrelease supervision. Defendant now appeals.
Defendant's appeal waiver precludes his challenges to both the severity of his sentence ( see People v Graham, 35 AD3d 1039, 1040, lv denied 8 NY3d 922) as well as the denial of youthful offender treatment ( see People v Baldwin, 36 AD3d 1024, 1025). Accordingly, the judgment is affirmed.
Ordered that the judgment is affirmed.