| People v Pittman |
| 2014 NY Slip Op 05469 [119 AD3d 1242] |
| July 24, 2014 |
| Appellate Division, Third Department |
[*1]
| 1 The People of the State of New York, Respondent, vJames Pittman, Appellant. |
Michael C. Ross, Bloomingburg, for appellant.
D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel),for respondent.
Appeal from a judgment of the County Court of Ulster County (Williams, J.),rendered April 19, 2012, convicting defendant upon his plea of guilty of the crime ofassault in the second degree.
Defendant waived indictment and agreed to be prosecuted by a superior courtinformation charging him with assault in the second degree. He thereafter pleaded guiltyas charged and waived his right to appeal. In accordance with the plea agreement,defendant was sentenced to six years in prison to be followed by three years ofpostrelease supervision. Defendant now appeals.[FN*]
We affirm. Defendant's valid waiver of the right to appeal his conviction andsentence, which he does not challenge, precludes his sole contention on appeal that hissentence is harsh and excessive (see People v LaFleur, 111 AD3d 1025, 1025 [2013]; People v Ball, 108 AD3d871, 871-872 [2013]).
Lahtinen, J.P., McCarthy, Rose, Egan Jr. and Devine, JJ., concur. Ordered that thejudgment is affirmed.
Footnote *:Although defendant'snotice of appeal misstates the date upon which the judgment was rendered, we exerciseour discretion to overlook the inaccuracy and treat the notice as valid (see CPL460.10 [6]).