| People v Jennings |
| 2010 NY Slip Op 06254 [75 AD3d 999] |
| July 29, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v JamesJennings Jr., Appellant. |
—[*1] Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), forrespondent.
Appeal from a judgment of the County Court of Schenectady County (Drago, J.), renderedApril 30, 2008, convicting defendant upon his plea of guilty of the crime of rape in the thirddegree.
After waiving indictment and consenting to be prosecuted by superior court information,defendant pleaded guilty to rape in the third degree. Such plea was also in satisfaction of certaincharges pending in another court, as well as any uncharged crimes involving the victim herein.Thereafter, defendant was sentenced as a second felony offender, as promised, to a prison termof two years followed by 15 years of postrelease supervision. Defendant now appeals and weaffirm.
Defendant's only contention on appeal is that the sentence imposed was harsh and excessive.In light of his valid waiver of appeal, however, defendant is precluded from making suchargument (see People v Thomas, 71AD3d 1231, 1233 [2010], lv denied 14 NY3d 893 [2010]; People v Lewis, 70 AD3d 1068[2010]).
Cardona, P.J., Mercure, Rose, Stein and McCarthy, JJ., concur. Ordered that the judgment isaffirmed.