People v Jones

2011 NY Slip Op 03140 [83 AD3d 1289]

April 21, 2011

Appellate Division, Third Department

As corrected through Wednesday, June 8, 2011

The People of the State of New York, Respondent, v Ayesha Jones,Appellant.

—[*1]Michael G. Paul, Albany, for appellant.

P. David Soares, District Attorney, Albany (Kenneth C. Weafer of counsel), forrespondent.

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered March2, 2009, convicting defendant upon her plea of guilty of the crime of criminal possession of acontrolled substance in the second degree.

Defendant waived indictment and agreed to be prosecuted by a superior court informationcharging her with criminal possession of a controlled substance in the second degree. Shepleaded guilty to that crime and waived her right to appeal. Under the terms of the pleaagreement, defendant was sentenced to 10 years in prison and five years of postreleasesupervision. She now appeals.

Defendant's sole contention on appeal is that the sentence is harsh and excessive. She is,however, precluded from raising this claim by her valid waiver of appeal (see People v Lopez, 6 NY3d 248,256 [2006]; People v Joseph, 69AD3d 1056, 1056-1057 [2010]; People v Dickinson, 69 AD3d 968, 969 [2010]). Consequently, thejudgment is affirmed.

Mercure, J.P., Rose, Lahtinen, Stein and McCarthy, JJ., concur. Ordered that the judgment isaffirmed.