| People v Ball |
| 2013 NY Slip Op 05243 [108 AD3d 871] |
| July 11, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vWilliam E. Ball, Appellant. |
—[*1] Kristy L. Sprague, District Attorney, Elizabethtown (Christine N. Labbate ofcounsel), for respondent.
Appeal from a judgment of the County Court of Essex County (Meyer, J.), renderedApril 4, 2011, convicting defendant upon his plea of guilty of the crimes of burglary inthe third degree and tampering with evidence.
In satisfaction of a multiple-count indictment, defendant pleaded guilty to burglary inthe third degree and tampering with evidence. As part of the plea agreement, he waivedhis right to appeal both orally and in writing. He was subsequently sentenced, inaccordance with the terms of the plea agreement, to consecutive terms of imprisonmentof 2 to 6 years on the burglary conviction and 1 to 3 years on the tampering conviction.Defendant now appeals.
Defendant's sole contention is that the sentence is harsh and excessive. He isprecluded, however, from raising this claim by his valid waiver of the right to appeal hisconviction and sentence (seePeople v Foote, 102 AD3d 1056, 1057 [2013], lv denied 20 NY3d 1098[2013]; People v Ferro, 101AD3d 1243, 1244 [2012], lv denied 20 NY3d 1098 [2013]). Therefore, weaffirm the judgment of conviction.
Peters, P.J., Lahtinen, Spain and Garry, JJ., concur. Ordered that the judgment isaffirmed.