| People v Cisneros |
| 2014 NY Slip Op 02108 [115 AD3d 1117] |
| March 27, 2014 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v JimmyCisneros, Appellant. |
—[*1] Mary E. Rain, District Attorney, Canton (Alexander Lesyk of counsel), forrespondent.
Garry, J. Appeal from a judgment of the County Court of St. Lawrence County(Richards, J.), rendered June 9, 2008, convicting defendant upon his plea of guilty of thecrime of rape in the first degree.
In satisfaction of an eight-count indictment charging him with committing varioussexual acts involving two underage victims, defendant admitted to engaging in sexualintercourse with an 11-year-old child and pleaded guilty to one count of rape in the firstdegree. In connection with that plea, he waived the right to appeal his conviction andsentence orally and in writing. Defendant was subsequently sentenced in accordance withthe plea agreement to seven years in prison, to be followed by five years of postreleasesupervision. Defendant now appeals, arguing that the sentence imposed was harsh andexcessive.
We affirm. "Defendant is precluded from raising [his] claim of harsh and excessivesentence given [his] unchallenged waiver of the right to appeal" (People v Wiley, 112 AD3d998, 998 [2013] [citations omitted]; see People v Jeske, 55 AD3d 1057, 1058-1059 [2008],lv denied 11 NY3d 898 [2008]). Therefore, we find no reason to disturb thejudgment of conviction.
Lahtinen, J.P., McCarthy and Egan Jr., JJ., concur. Ordered that the judgment isaffirmed.