| People v Webb |
| 2016 NY Slip Op 01704 [137 AD3d 1377] |
| March 10, 2016 |
| Appellate Division, Third Department |
[*1](March 10, 2016)
| The People of the State of New York, Respondent, v Joseph Webb, Appellant. |
Marcy I. Flores, Warrensburg, for appellant.
J. Anthony Jordan, District Attorney, Fort Edward (Sara E. Fischer of counsel), forrespondent.
Appeal from a judgment of the County Court of Washington County (McKeighan,J.), rendered June 15, 2012, convicting defendant upon his plea of guilty of the crime ofcriminal possession of a controlled substance in the third degree.
Defendant pleaded guilty to criminal possession of a controlled substance in the thirddegree in full satisfaction of a four-count indictment and executed a waiver of his right toappeal. Under the terms of his plea agreement, County Court agreed to sentencedefendant to a prison term of four years with two years of postrelease supervisionprovided that he did not have any undisclosed prior felonies. Upon finding thereafter thatdefendant had a prior felony conviction that had not been considered, the court adjournedsentencing for further review and to allow defendant an opportunity to withdraw his plea.Defendant chose not to withdraw his plea and agreed to proceed to sentencing and to besentenced, as a second felony offender, to a prison term of six years with two years ofpostrelease supervision; the court then imposed the agreed-upon sentence. Defendantappeals.
Initially, we find that defendant's waiver of the right to appeal does not preclude hischallenge to the sentence, as his written waiver executed in the course of the pleaproceedings expressly recited only the original four-year sentence. Turning to the merits,in light of defendant's criminal history and the severity of the conduct underlying hisconviction, we reject his sole contention on appeal that the sentence imposed by CountyCourt was harsh and excessive (see People v Tetreault, 131 AD3d 1327, 1328 [2015]; People v Rabideau, 130 AD3d1094, 1095 [2015]; Peoplev Ensley, 53 AD3d 929, 930 [2008]).
[*2] Peters, P.J., Garry, Egan Jr. and Rose, JJ., concur.Ordered that the judgment is affirmed.