| People v Neiles |
| 2015 NY Slip Op 04171 [128 AD3d 1179] |
| May 14, 2015 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vJason Neiles, Appellant. |
James P. Milstein, Public Defender, Albany (Theresa M. Suozzi of counsel), forappellant.
P. David Soares, District Attorney, Albany (Brittany L. Grome of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Lamont, J.), rendered November 26,2012 in Albany County, (1) convicting defendant upon his plea of guilty of the crime ofattempted assault in the second degree, and (2) which revoked defendant's probation andimposed a sentence of imprisonment.
While on probation supervision, defendant became intoxicated and struck a maleparking lot attendant. He subsequently waived indictment and was charged in a superiorcourt information with attempted assault in the second degree. He pleaded guilty to thischarge, admitted to violating his probation and waived his right to appeal. In accordancewith the plea agreement, he was sentenced as a second felony offender to 2 to 4 years onthe attempted assault charge and 1 to 3 years on the probation violation, to runconsecutively. Defendant appeals.
Defendant's sole challenge is to the severity of the sentence. He is, however,precluded from raising this claim by his valid waiver of the right to appeal (see People v Balbuena, 123AD3d 1384, 1386 [2014]; People v Alexander, 123 AD3d 1340, 1341 [2014]).Therefore, the judgment is affirmed.
Lahtinen, J.P., Garry, Devine and Clark, JJ., concur. Ordered that the judgment isaffirmed.