| People v LaFleur |
| 2013 NY Slip Op 07521 [111 AD3d 1025] |
| November 14, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v JustinL. LaFleur, Appellant. |
—[*1] Nicole M. Duve, District Attorney, Canton (Alexander Lesyk of counsel), forrespondent.
Defendant pleaded guilty to the crime of burglary in the third degree and was placedon interim probation for one year. During the probationary period, he pleaded guilty tocriminal possession of a forged instrument in the second degree and was placed in theJudicial Diversion Program. In connection with both pleas, defendant waived his right toappeal his conviction and sentence, both during the plea colloquy and in a writtendocument executed by him. Pursuant to various agreements, County Court ultimatelysentenced defendant to two terms of probation on each of the convictions.[FN*]However, after defendant again violated the terms of his probation, County Courtsentenced him to concurrent terms of 2 to 6 years in prison for the burglary [*2]conviction and one year in jail for the criminal possessionconviction. Defendant now appeals and we affirm.
Defendant's sole contention on this appeal, that the sentences imposed were harshand excessive, is foreclosed by his valid waivers of the right to appeal his conviction andsentence (see People vMarshall, 108 AD3d 884 [2013]; People v Musser, 106 AD3d 1334 [2013]; People v Foote, 102 AD3d1056, 1057 [2013], lv denied 20 NY3d 1098 [2013]). Accordingly, thejudgment of conviction must be affirmed.
McCarthy, Spain and Garry, JJ., concur. Ordered that the judgment is affirmed.
Footnote *: At that time, CountyCourt reduced the charge of criminal possession of a forged instrument in the seconddegree to criminal possession of a forged instrument in the third degree.