| People v Page |
| 2008 NY Slip Op 09866 [57 AD3d 1166] |
| December 18, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Shaquan Page,Appellant. |
—[*1] Robert M. Carney, District Attorney, Schenectady (Michelle Cohen, Law Intern), forrespondent.
Appeal from a judgment of the County Court of Schenectady County (Giardino, J.), rendered June19, 2006, convicting defendant upon his plea of guilty of the crimes of burglary in the first degree androbbery in the second degree.
After participating in a home invasion, defendant pleaded guilty to burglary in the first degree androbbery in the second degree in satisfaction of a 12-count indictment. County Court thereaftersentenced defendant in accordance with the plea agreement to concurrent terms of imprisonment ofnine years followed by four years of postrelease supervision. Defendant now appeals, alleging that thesentence imposed was harsh and excessive. However, inasmuch as defendant, with counsel, reviewedand executed a written waiver of appeal in open court which explained his appellate rights and indicatedto the court that he was relinquishing his right to appeal voluntarily, knowingly and intelligently,defendant is precluded from challenging the severity of his sentence (see People v Conway, 45 AD3d 1055,1056 [2007], lv denied 10 NY3d 763 [2008]). Accordingly, the judgment is affirmed.
Cardona, P.J., Mercure, Rose, Lahtinen and Kane, JJ., concur. Ordered that the judgment isaffirmed.