| People v Spangenberg |
| 2008 NY Slip Op 02051 [49 AD3d 969] |
| March 13, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v RobertSpangenberg, Appellant. |
—[*1] Stephen F. Lungen, District Attorney, Monticello (Bonnie M. Mitzner of counsel), forrespondent.
Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), renderedJanuary 5, 2007, convicting defendant upon his plea of guilty of the crime of criminal possessionof marihuana in the first degree.
Defendant pleaded guilty to criminal possession of marihuana in the first degree and wassentenced to five years in prison with three years of postrelease supervision. Defendant's solecontention on this appeal is that the sentence imposed is harsh and excessive. He is precluded,however, from raising this issue inasmuch as he made a knowing, voluntary and intelligentwaiver of the right to appeal, both orally and in writing (see People v Lopez, 6 NY3d 248, 255-256 [2006]).
Cardona, P.J., Mercure, Carpinello, Malone Jr. and Kavanagh, JJ., concur. Ordered that thejudgment is affirmed.