| People v Cano |
| 2012 NY Slip Op 01836 [93 AD3d 994] |
| March 15, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v WilfredoCano, Appellant. |
—[*1] P. David Soares, District Attorney, Albany (Steven M. Sharp of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Lamont, J.), rendered October 2, 2009 inAlbany County, convicting defendant upon his plea of guilty of the crime of attempted burglaryin the second degree.
Defendant placed a video camera in the home of a female acquaintance without herknowledge and, as a result, was charged with burglary in the second degree and unlawfulsurveillance in the second degree. In satisfaction of these charges, he pleaded guilty to attemptedburglary in the second degree and waived his right to appeal. In accordance with the terms of theplea agreement, defendant was sentenced to two years in prison, to be followed by three years ofpostrelease supervision. Defendant now appeals.
Defendant's sole contention is that his sentence is harsh and excessive. He is, however,precluded from raising this claim given his valid waiver of the right to appeal (see People v Shurock, 83 AD3d1342, 1344 [2011]; People vSmall, 82 AD3d 1451, 1452 [2011], lv denied 17 NY3d 801 [2011]). Therefore,we find no reason to disturb the judgment of conviction.
Mercure, A.P.J., Peters, Malone Jr., Kavanagh and Egan Jr., JJ., concur. Ordered that thejudgment is affirmed.