| People v Gertzberg |
| 2012 NY Slip Op 02906 [94 AD3d 1293] |
| April 19, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Joseph E.Gertzberg, Appellant. |
—[*1] James Sacket, District Attorney, Schoharie (Michael L. Breen of counsel), forrespondent.
Appeal from a judgment of the County Court of Schoharie County (Bartlett, III, J.), renderedJanuary 5, 2011, which revoked defendant's probation and imposed a sentence of imprisonment.
Following defendant's plea of guilty to the crime of driving while intoxicated, he wassentenced to five years of probation. Thereafter, three violation of probation petitions were filedagainst defendant. In July 2010, among other things, he was sentenced in Otsego County Court toa prison term of 1 to 3 years upon his conviction of the crime of felony driving while intoxicated.Subsequently, defendant pleaded guilty to violating terms of his probation and waived his right toappeal, both orally and in writing. Defendant's probation was revoked and he was sentenced, inaccordance with the plea agreement, to 1
We affirm. Defendant's sole argument on appeal is that his sentence is harsh and excessive.Nonetheless, he is precluded from raising this claim by reason of his knowing, voluntary andintelligent waiver of the right to appeal (see People v Jones, 83 AD3d 1289, 1290 [2011], lv denied17 NY3d 860 [2011]; People vJoseph, 69 AD3d 1056, 1056-1057 [2010]).
Rose, J.P., Lahtinen, Stein, McCarthy and Garry, JJ., concur. Ordered that the judgment isaffirmed.