| People v Ducheneaux |
| 2012 NY Slip Op 05346 [97 AD3d 852] |
| July 5, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York,Respondent, v Joseph Ducheneaux, Appellant. |
—[*1] Kristy L. Sprague, District Attorney, Elizabethtown (Michele A. Bowen of counsel), forrespondent.
Appeal from a judgment of the County Court of Essex County (Meyer, J.), rendered March21, 2011, which revoked defendant's probation and imposed a sentence of imprisonment.
Defendant pleaded guilty to criminal mischief in the third degree and was sentenced to fiveyears of probation. Thereafter, he was charged with violating various conditions of his probation.In satisfaction thereof, and in exchange for the People's agreement not to charge him with bailjumping, defendant pleaded guilty to one of the violations, namely, failure to report to hisprobation officer. He also waived his right to appeal. County Court did not commit to anyparticular sentence as part of the plea agreement. The court subsequently revoked defendant'sprobation and resentenced him to 1 to 3 years in prison. Defendant now appeals.
Defendant's sole contention is that the resentence is harsh and excessive. We are, however,precluded from addressing this claim due to defendant's knowing, voluntary and intelligentwaiver of the right of appeal his conviction and sentence that was entered in connection with thedisposition of his probation violations (see People v Lewis, 69 AD3d 1232, 1234 [2010]; People v Joseph, 69 AD3d 1056,1056 [2010]). Therefore, the judgment is affirmed.
Rose, J.P., Lahtinen, Stein, McCarthy and Garry, JJ., concur. Ordered that the judgment isaffirmed.