| People v Morales-Lopez |
| 2013 NY Slip Op 06893 [110 AD3d 1248] |
| October 24, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v RubenMorales-Lopez, Also Known as Ruben Morales, Appellant. |
—[*1] Kevin C. Kortright, District Attorney, Fort Edward (Katherine G. Henley ofcounsel), for respondent.
Egan Jr., J. Appeal from a judgment of the County Court of Washington County(McKeighan, J.), rendered October 14, 2011, convicting defendant upon his plea ofguilty of the crime of burglary in the first degree.
Defendant was charged in a seven-count indictment with numerous crimes stemmingfrom his unlawful entry into his former wife's home, during the course of which hepunched and strangled her in the presence—or within earshot—of their twosmall children. In full satisfaction of that indictment, defendant pleaded guilty to burglaryin the first degree and waived his right to appeal with the express understanding thatCounty Court would sentence him to a period of imprisonment ranging from 10 to 14years, together with a period of postrelease supervision ranging from 2½ to 5 years.County Court thereafter sentenced defendant to 14 years in prison followed by five yearsof postrelease supervision. Defendant now appeals.
We affirm. Although defendant asserts that the sentence imposed, which fell withinthe range promised by County Court, is harsh and excessive, he is "precluded fromraising this claim given his valid waiver of the right to appeal" (People v Cano, 93 AD3d994, 994 [2012], lv denied 19 NY3d 995 [2012]; see People v Lewis, 95 AD3d1442, 1443 [2012], lv denied 19 NY3d 998 [2012]). Assuming, withoutdeciding, that such waiver does not also encompass [*2]County Court's alleged violation of CPL 380.50, defendantfailed to preserve this argument by registering an appropriate objection at the sentencinghearing—at which time the asserted omission could have been remedied (cf. People v Cianfarani, 81AD3d 998, 999 [2011]; People v Wallace, 29 AD3d 1085, 1085 [2006], lvdenied 7 NY3d 796 [2006]). Finally, by pleading guilty and waiving his right toappeal, defendant forfeited any claim that the order of protection issued by County Courtwas overbroad (see People vTrombley, 91 AD3d 1197, 1200 [2012], lv denied 21 NY3d 914[2013]).[FN*]
Lahtinen, J.P., Stein and Spain, JJ., concur. Ordered that the judgment is affirmed.
Footnote *: That said, defendantretains the right to apply to County Court for a modification of the order of protection.