| People v Schanz |
| 2011 NY Slip Op 01902 [82 AD3d 1417] |
| March 17, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Barton L.Schanz, Appellant. |
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Kavanagh, J. Appeal from a judgment of the County Court of Schoharie County (Bartlett, III,J.), rendered February 10, 2010, convicting defendant upon his plea of guilty of the crimes ofburglary in the second degree and criminal possession of a weapon in the third degree.
Defendant waived indictment and, in satisfaction of a superior court information, pleadedguilty to burglary in the second degree and criminal possession of a weapon in the third degree.Pursuant to the plea agreement, defendant waived his right to appeal and was sentenced to sixyears in prison, to be followed by five years of postrelease supervision, and he was required topay restitution. Defendant now appeals.
Defendant's sole contention on appeal is that his sentence is harsh and excessive. In light ofhis valid waiver of the right to appeal, however, he is precluded from making this claim (see People v Stoff, 74 AD3d 1640,1641 [2010], lv denied 15 NY3d 810 [2010]; People v Thomas, 71 AD3d 1231, 1233 [2010], lv denied14 NY3d 893 [2010]). Accordingly, the judgment is affirmed.
Mercure, J.P., Peters, Malone Jr. and Stein, JJ., concur. Ordered that the judgment isaffirmed.