| People v Joseph |
| 2010 NY Slip Op 00313 [69 AD3d 1056] |
| January 14, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v ShantaneJoseph, Appellant. |
—[*1] P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), forrespondent.
Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered June6, 2008, which revoked defendant's probation and imposed a sentence of imprisonment.
In January 2004, defendant was convicted of attempted criminal possession of a controlledsubstance in the third degree and was sentenced to five years of probation. Following her arrestin March 2008 for various crimes, she was charged with violating the terms of her probation.Defendant subsequently pleaded guilty to the probation violation and waived her right to appeal.Her probation was revoked and she was sentenced, in accordance with the plea agreement, to 2to 6 years in prison. Defendant now appeals.
Defendant's sole claim is that the sentence is harsh and excessive. She is precluded, however,from raising this claim by her knowing, voluntary and intelligent waiver of the right to appeal(see People v Lopez, 6 NY3d248, 256 [2006]; People vDillon, 61 AD3d 1221, 1222 [2009]; People v Borom, 55 AD3d 1041, 1042 [2008]).
Cardona, P.J., Peters, Lahtinen, Malone Jr. and Stein, JJ., concur. Ordered that the judgmentis affirmed.