| People v Smalls |
| 2015 NY Slip Op 04529 [128 AD3d 1281] |
| May 28, 2015 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Jacquelin Smalls, Appellant. |
Keeley A. Maloney, Albany, for appellant.
Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), forrespondent.
Egan Jr., J. Appeal from a judgment of the County Court of Schenectady County(Giardino, J.), rendered December 9, 2013, convicting defendant upon her plea of guiltyof the crimes of criminal sale of a controlled substance in the third degree (two counts)and criminal possession of a controlled substance in the third degree (two counts).
Defendant was indicted and charged with two counts of criminal sale of a controlledsubstance in the third degree and two counts of criminal possession of a controlledsubstance in the third degree. Defendant thereafter entered an Alford plea to onecount of each crime, allocuted to the remaining two charges and waived her right toappeal. County Court sentenced defendant within the parameters of the plea agreement toan aggregate prison term of three years followed by two years of postrelease supervision,to be served concurrently with a recently imposed sentence. Defendant now appeals.
We affirm. Defendant's claim of ineffective assistance of counsel, to the extent that itsurvives her appeal waiver, is unpreserved for our review inasmuch as the record doesnot reflect that she made an appropriate postallocution motion (see People v Smith, 119 AD3d1088, 1089 [2014], lv denied 24 NY3d 1089 [2014]). Defendant's remainingclaim, that the sentence imposed is harsh and excessive, is precluded by her unchallengedappeal waiver (see People vCisneros, 115 AD3d 1117, 1117 [2014], lv denied 24 NY3d 959[2014]).
Peters, P.J., Garry and Lynch, JJ., concur. Ordered that the judgment is affirmed.