| People v Waldron |
| 2014 NY Slip Op 02107 [115 AD3d 1116] |
| March 27, 2014 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vGodfrey Waldron, Appellant. |
—[*1] James A. Murphy III, District Attorney, Ballston Spa (Nicholas E. Tishler ofcounsel), for respondent.
Garry, J. Appeal from a judgment of the County Court of Saratoga County (Scarano,J.), rendered June 14, 2010, convicting defendant upon his plea of guilty of the crime ofattempted criminal sale of a controlled substance in the third degree.
In full satisfaction of a six-count indictment, defendant pleaded guilty to attemptedcriminal sale of a controlled substance in the third degree and waived his right to appeal.Defendant was thereafter sentenced, pursuant to the plea agreement, to a term ofimprisonment of two years to be followed by three years of postrelease supervision.Defendant appeals and we affirm.
Defendant's challenge to the validity of his waiver of the right to appeal isunpersuasive. Our review of the plea colloquy and the written waiver executed bydefendant reveals that he was apprised of and clearly understood the rights that he wasforfeiting, including the right to appeal his sentence (see People v Sylvan, 107 AD3d 1044, 1045 [2013]; People v Benson, 100 AD3d1108, 1108 [2012]). Accordingly, we conclude that defendant knowingly,intelligently and voluntarily waived the right to appeal his conviction and sentence.Defendant's sole remaining contention on appeal, that the sentence imposed was harshand excessive, is precluded by his valid appeal waiver (see People v Marshall, 108AD3d 884, 884 [2013], lv denied 22 NY3d 957[*2][2013]; People v Ferro, 101 AD3d 1243, 1244 [2012], lvdenied 20 NY3d 1098 [2013]).
Lahtinen, J.P., Stein and Rose, JJ., concur. Ordered that the judgment is affirmed.