| People v Dickinson |
| 2010 NY Slip Op 00016 [69 AD3d 968] |
| January 7, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v James M.Dickinson Sr., Appellant. |
—[*1] James A. Murphy III, District Attorney, Ballston Spa (Nicholas E. Tishler of counsel), forrespondent.
Appeal from a judgment of the County Court of Saratoga County (Scarano, J.), renderedMarch 7, 2008, convicting defendant upon his plea of guilty of the crimes of sodomy in the firstdegree and sodomy in the second degree.
Defendant waived indictment and pleaded guilty to two one-count superior courtinformations charging him with sodomy in the first degree and sodomy in the second degree. Aspart of the negotiated plea agreement, defendant waived his right to appeal. County Courtthereafter sentenced defendant, as agreed, to an aggregate prison term of 14 years, followed byfive years of postrelease supervision. This appeal ensued.
Defendant's only contention, that his agreed-upon sentence is harsh and excessive, isprecluded by virtue of his valid waiver of appeal (see People v Walley, 63 AD3d 1284, 1286 [2009]; People v Lopez, 52 AD3d 852,853 [2008]; People v Tedesco, 38AD3d 1102, 1103 [2007], lv denied 8 NY3d 991 [2007]). Consequently, we affirmdefendant's judgment of conviction.
Mercure, J.P., Spain, Lahtinen, Kavanagh and McCarthy, JJ., concur. Ordered that thejudgment is affirmed.