People v Lowell

2015 NY Slip Op 02519 [126 AD3d 1235]

March 26, 2015

Appellate Division, Third Department

As corrected through Wednesday, April 29, 2015

[*1]

The People of the State of New York, Respondent, vWilliam A. Lowell, Appellant.

Marcy I. Flores, Warrensburg, for appellant.

Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), forrespondent.

Lahtinen, J.P. Appeal from a judgment of the County Court of Schenectady County(Giardino, J.), rendered September 12, 2012, convicting defendant upon his plea of guiltyof the crime of burglary in the second degree.

In satisfaction of an indictment containing 25 charges against him, defendant pleadedguilty to burglary in the second degree and waived his right to appeal. He was sentencedas a second felony offender to 61/2 years in prison, to be followed by fiveyears of postrelease supervision. Defendant appeals.

We affirm. Defendant's sole argument on appeal, that he was improperly sentencedas a second felony offender, survives his valid waiver of the right to appeal but isunpreserved due to his failure to object at sentencing (see People v Walton, 101AD3d 1489, 1490 [2012], lv denied 20 NY3d 1105 [2013]; People v Glynn, 72 AD3d1351, 1351-1352 [2010], lv denied 15 NY3d 773 [2010]). Moreover,reversal in the interest of justice is unwarranted under the circumstances presented herein(see People v Wilkins, 118AD3d 1038, 1039 [2014], lv denied 24 NY3d 965 [2014]; People vWalton, 101 AD3d at 1490).

Garry, Lynch and Devine, JJ., concur. Ordered that the judgment is affirmed.