| People v Spencer |
| 2010 NY Slip Op 09412 [79 AD3d 1454] |
| December 23, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Venice Spencer,Appellant. |
—[*1] P. David Soares, District Attorney, Albany (Kenneth C. Weafer of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Lamont, J.), rendered November 17, 2008 inAlbany County, convicting defendant upon her plea of guilty of the crime of attempted assault in the firstdegree.
In satisfaction of a four-count indictment, defendant pleaded guilty to attempted assault in the firstdegree and waived her right to appeal. In accordance with the terms of the plea agreement, she wassentenced to six years in prison to be followed by five years of postrelease supervision, which sentencewas to run consecutive to another sentence she was then serving. Defendant appeals.
Defendant's sole contention is that the sentence is harsh and excessive. However, in view ofdefendant's valid waiver of her right to appeal, we are precluded from addressing this claim (see People v Jennings, 75 AD3d 999[2010]; People v Board, 75 AD3d833, 834 [2010]). Accordingly, we find no reason to disturb the judgment of conviction.
Mercure, J.P., Spain, Lahtinen, Stein and Garry, JJ., concur. Ordered that the judgment isaffirmed.