| People v Campo |
| 2015 NY Slip Op 01202 [125 AD3d 1058] |
| February 11, 2015 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vJason Campo, Appellant. |
David E. Woodin, Catskill, for appellant.
D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel),for respondent.
Peters, P.J. Appeal from a judgment of the County Court of Ulster County (Williams,J.), rendered June 5, 2013, convicting defendant upon his plea of guilty of the crime ofburglary in the second degree.
Defendant pleaded guilty to burglary in the second degree in satisfaction of anindictment and an unrelated charge and waived his right to appeal. He was thereaftersentenced, as a second felony offender, to seven years in prison to be followed by fiveyears of postrelease supervision. County Court also ordered defendant to pay restitutionin the amount of $134,000. Defendant now appeals.
We affirm. Contrary to defendant's contention, our review of the plea colloquy andthe written waiver executed in open court establishes that defendant knowingly,intelligently and voluntarily waived the right to appeal his conviction and sentence (see People v Fisher, 119 AD3d1289 [2014], lv denied 24 NY3d 1043 [2014]; People v Frasier, 105 AD3d1079, 1080 [2013], lv denied 22 NY3d 1088 [2014]). Further, inasmuch asthe record reveals that the terms of the plea agreement included restitution in the amountof $134,000 and defendant did not request a hearing or otherwise contest that amount,his claim that the amount of restitution ordered is not supported by the record is bothprecluded by his appeal waiver and unpreserved for our review (see People v Dishaw, 81 AD3d1035, 1037 [2011], lv denied 16 NY3d 858 [2011]; People v Gilmour, 61 AD3d1122, 1123-1124 [2009], lv denied 12 NY3d 925 [2009]). Finally,defendant's appeal [*2]waiver also precludes hisargument that his sentence is harsh and excessive (see People v Fisher, 119 AD3dat 1289; People v Griffin,117 AD3d 1339 [2014]).
McCarthy, Garry and Rose, JJ., concur. Ordered that the judgment is affirmed.