| People v Maughan |
| 2013 NY Slip Op 08553 [112 AD3d 1233] |
| December 26, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v AdamMaughan, Appellant. |
—[*1] Nicole M. Duve, District Attorney, Canton (Alexander Lesyk of counsel), forrespondent.
Defendant waived indictment and pleaded guilty to a superior court informationcharging him with aggravated driving while intoxicated. Pursuant to the plea agreement,defendant agreed to complete one year of interim probation, with the understanding thatupon his successful completion of the interim probation, probation would be continuedand he would receive one year of credit for the time spent on interim probation.However, defendant was advised that if he failed to successfully complete interimprobation, he could be sentenced to a prison term of up to four years. Defendant alsowaived his right to appeal as part of the plea agreement. Thereafter, defendant admittedto violating the terms of his interim probation. Based upon this admission, County Courtvacated the interim probation and sentenced defendant to a prison term of 1 to 4 years.Defendant now appeals.
We affirm. Defendant's valid waiver of the right to appeal, which he does notchallenge, precludes his sole contention on appeal that his sentence is harsh andexcessive (see People vMusser, 106 AD3d 1334, 1335 [2013]; People v Morrison, 106 AD3d 1201, 1202 [2013]).Accordingly, the judgment is affirmed.[*2]
Rose, J.P., Lahtinen and McCarthy, JJ., concur.Ordered that the judgment is affirmed.